





libra^ of congress. 

- ©np^rigf/f ;|o. 

Shelf 

I UNITED STATES OF AMERICA. 
















frm 


• ‘S' 

'>.,r ■ 

! 

■»\ f 



^shH, 


•• < , - 


' *■' J 


XcIkT 


■\ • • 


• 


■ '1 


V 


1 « r 


.-Vc-r-*' 

•-•V ._ . / 








. fV 


U 


'' s t ' I >J,'‘ . ' ’ *»*• • ,.■ 


.■>V 


iV 


\ik 


am' •: v;■ ■>^'' • . •■ . 41 

j-v*. 



'.l.» »» 


^ IS 




t -• 


XVr:'P 

^ %*A 

1 A V . .''"i.j^ 


» » 1 




I'' -.- 


0 






j! j'^'''"‘S^s. . ■' JI-T, ' 

> . s-;, «t • ‘ I 

KJCDt-"^' * , ■ ^} f ■', ‘. > •• 


L/I-. 




1 ^ 


fr r 


♦ > -•? 




i, 








>» 






•N 1 




< I *- 


'O 


»7#.» 








»< 


U ... : 


i«: 


V 7* 


L’ ' - I I < fW 

^ -i * ^ ^ ^ 

U 7 ^t,. 4 .- <►, . 

m"> 


- i 


li' 


»• " 


.IVV^ 


i L • 


fA 




<4 


'i: 


4:*...v 


V, 


•V 








& 


♦ \ 


H.' 








44 


V' 


V. 


* s’' 


t » ■ *4 


,«ijr ’' 


-AUT 


V ••» 


B 


a'V Vi 




m 




J>A. 


t*. 


'fiv/ 


ll 




' i ^ . 


St 


I ' .t* 


5y 












i.» N 


'> .i ' 


^ • . ' .t V 

■ • ' * ' .. s •.» 


>'? 




Jl'r 


ij 


*r; >:^ 7 p' :', ''A: a' , . u ’, 


t:i. 


m 






* ' « 




¥Y' 


//M 


ii 


»• >r 




/ 




-‘V/ 


'I« 


*V'A: 


■■ 

?:vt * - 


rr* 




.S* 




3 


S' 


li^ 


i«_ji 1 


■fr^‘ 




!< - J 


''O 




I .> 


V> 


vm 






A 




/■JiV>^ I 


«r Zi 

I A • ■' 


' ■ft'* '^*‘:' f 


i- » 


V ^ 


Tw 


;.M 


>s 


A: 


.d4 


> I 


\ ij O, 


''7> 


, SiL!^ 






3. 


iK' ■■ 


f*. r 




’!?■' 


J 


.■3 


•S’’--- 










K 

I 



If 


I 


I 


4 







} 


$ 




f . 


* 


> 


i 

* I < 




f 

« 









y 


. 


i 


A A 






« 





J 


I 


N 


» 





I 


X 






« 





i 







> 


% 


\ 

















t 


a;' 




Hi 


PP . < 'J* 


t - 


f 


♦vV . 


- i/j ■ • ' 


■■ s, 


iV<h 





.. iTK '' .;; / 


/V 


' . .- ^ v.^ 


' • * #\ 

‘lyi'i. 







P'Vi- '■ «? 

E/>:. 2?yv ' 

... •. »- V . 


' * 


/iTwY}.'’'-- - 

v.‘ • 

* * »i* ’v • ^ • '*!'*' \ 

: ‘f ‘"■ • ■ ■ A'. '’sV ’<• i I 


■‘y ■ 


•'i '* 1*7* ' 

y- Ti. : ■'. 




Vi-. . 

' * y 





V '•) ’ 




. A 
lA ‘ 


;Vv 


,■ ‘y.'iKV*v 


f !' , ' ■ • ■ ’‘J.'t'j ' . *' 

^4 '• . ■ ■ r\- ' * ^ ryj» > ■ 




^ ^ ' 




*■ "• * 


Mi : 



'Jk 


-Li'’ 


Vji 






iw : v'. ' 4. 

’■ > - 


4 4 _‘ ' 

i^r ' 't ^.'-. 


♦ 

I A i 




• ' / .■ .■ 



vZ 


r'\...<^i Wr L* •, ...- ".•« •• -f ." i.’r'ffl • 


;> Ml 


O'^ 

^ J 


. \ 


r 


,..^1 


i 



j * 'J* ’ • 


•xif f f", 

%■ 


V’. I:' 




\.. 




., . . _y.sT J • ^rf ,.0 •■• > J..; 

' , / ". ' ' -*. ’f-*- ■ 


4* A 


-'-4 '. \ V>* ,V* •. 




T-- 









.^4-.' %. 


V: ^-A^r-v.: ■, 


[rs • ,' v» ,. j * 


. ♦ ,.’ ' f>,. • "»■• .• W: -A V •' - 1 ' •.® 


“V 





J2i£^ 







jSSf; ■ 

. ’-O-' • V f* > 4 

' . -■- ij.'f.','. "■'^■'•'■‘.•'iS .,,. 

li ■.■ .r,’''^''^..-u.. ,■■ • ■ '.■ 

#r - . .i . ‘ 7 ♦•*/ • • 

‘7* ^ y •■,aB 

' ■;^..■ ■.'- . . • ' u '-MMI 


‘ " ' ■ -. i» i.- - ^ •■ 

: . •.» .,> .'iv <#4* *5^ 


I . / - • -.. v-» * n*‘ i>> * ' ' ^ .- - • ’ ,1 

’'-•■■ ■■ ^ I 

/i4 < ' ‘i ^ . . I A . V'- » ‘ m.- ■ * * 

WBt: '*’” “ • ■*< iv ■ < ’ v '■ ^ * V / 

U ' ^ L.-. . I ’J’ ^ •’.! “1 

K*. , , ■'.' ^ 

i^**.*-^' ■/ »‘'*v{ 'N .■'''.*^<t/v»-wstfites 



^ ‘ 

KV-V^.' '* L.fZ • 


•n'jijCvj ,■ • ■ y ' 


_ ^1, . * 

mm . 

.' ■*':' • » 
* * .. • • • * 

!fi\V • 

tS 

, • ■ V. . 


. ^ ■ i;- '.; 

- ■ ,' . . 


1 ^ 

■ • Vv ■ ». 

> ^•r.' « 







/ 


MANUAL 


PROSPECTORS 


MINERAL LANDS 


UNITED STATES. 

A L -^ 


BY HENRY N. COPP. 




PUBLISHED BY THE EDITOR. 

WASHINGTON, D. C. 
1884. 








%*.>'•' / ,y 



Entered according to the Act of Congress, in the year 1884, by 
HENRY N. COPP, 

In the Office of the Librarian of Congress, at Washington, D. C. 

- V - ■, i . ■ . 



iifguiRBR r. * r. co., 

STBEBO-nrFBRS AND PRINTSSS, 
LANCASTER, PA. 


.RGTian 

n r 



% • 







CONTENTS. 


United States Laws and Instructions. 

Revised Statutes and Regulations—General Law ...... 1-24 

Act of January 22, 1880—Annual Expenditure and Applica¬ 
tion for Patent . .. 24 

Act of June 3, 1878—Timber Cutting. 25 

Act of June 3, 1878—Timber and Stone.. 26 

Act of January 12, 1877—Salt and Saline Lands. 29 

Revised Statutes—Coal Lands. . .. 30 

Revised Statutes—Register’s and Receiver’s Fees. 31 

Revised Statutes—Lands not subject to Pre-emption .... 32 

Revised Statutes—Town Lots. 32 

Act of March 3, 1881—Suits at Law. 32 

Act of April 26, 1882—Citizenship. 33 

Placer Instructions. 33 

Additional Rules. 35 

Local Laws. 

Arizona . .. 53 

California. 56 

Colorado. 60 

Dakota. 72 

Idaho. 77 

Montana. 81 

Nevada. 83 

New Mexico. 84 

Oregon. 86 

Utah.. . 89 

Wyoming.. 91 

Forms. 

1. Notice of Location. 37 

2. Proof of Labor.. 37 

3. Notice of Forfeiture.... 38 

4. Affidavit of Failure to Contribute .. 38 

5. Miner’s Lien. 38 

6. Applicatiomfor Survey .. 39 

7. Application for Patent . , . . . . . .. 39 

8. Proof of Posting Notice and Diagram .. 40 

.(hi) 














































IV 


CONTENTS. 


PACK 


9. Proof that Plat and Notice remained Posted during Period 

of Publication .. 41 

10. Register’s Certificate of Posting for 60 Days. 41 

11. Notice for Publication in Newspaper. 42 

12. Agreement of Publisher. 42 

13. Proof of Publication. 42 

14. Affidavit of $500 Improvement. 43 

15. Statement of Fees and Charges. 43 

16. Proof of Ownership and Possession where Records are Lost 43 

17. Affidavit of Citizenship. 44 

18! Certificate that no Suit is Pending. 44 

19. Power of Attorney to Apply for Patfent. .. 44 

20. Proof of No Known Vein in Placer Claims. 45 

21. Protest and Adverse Claim.45 

22. Tunnel Claim—Location Certificate. 48 

23. Power of Attorney to Locate and Sell. 48 

24. Notice of Right to Water .. 48 

25. Pre-emption of Ditch Right of Way, Location of Water 

Claim 49 

26. Mining Deed 49 

27. Title Bond to Mining Property. 50 

28. Escrow Agreement ................. 51 

29. Mining-Lease 51 

Determination of Minerals. 

Chemical Elements 95 

Mineral and Rock” Defined . 96 

Kinds of Rock '.. 1 i ’.. 1 .. i ......... . 96 

Aids ih Studying Minerals . . ‘. '. . '. '. ........ 98 

Suggestions to Prospectors '. .. 99 

Table to Determine Minerals '. '. ‘. ’. ‘. . . . ..100 

Gold '. '. . . '. '. “. '. .114 

Silver'. ...... 116 

Iron.117 

Copper ..119 

Platinum, Mercury and Nickel .120 

Cobalt and* Tin-. 121 

Antimony and Zinc. ..122 

Lead 123 

Chrome,'Manganese-and “Gems . ..124 

Paints*. .128 

Geological Formation^.. ..129 















































UNITED STATES 


MINING LAWS* 

AND 

REGULATIONS THEREUNDER 


Reserved from Sale under the Pre-emption and Homestead Laws. 

United States Law.—Sec. 386. In all cases lands valuable for 
minerals shall be reserved from sale, except as otherwise expressly 
directed by law. 

License to Explore, Occupy, and Purchase. 

Sec. 387. All valuable mineral deposits in lands belonging to the 
United States, both surveyed and unsurveyed, are hereby declared to be 
free and open to exploration and purchase, and the lands in which they 
are found to occupation and purchase, by citizens of the United States 
and those who have declared their intention to become such, under 
regulations prescribed by law, and according to the local customs and 
rules of miners in the several mining districts, so far as the same are 
applicable and not inconsistent with the laws of the United States. 

Lode Claims. 

Sec. 388. Mining claims upon veins or lodes of quartz or other rock 
in place, bearing gold, silver, cinnabar, lead, tin, copper, or other val¬ 
uable deposits heretofore located, shall be governed as to length along 
the vein or lode by the customs, regulations, and laws in force at the 
date of their location. A mining claim located after the tenth day of 
May, eighteen hundred and seventy-two, whether located by one or 
more persons, may equal, but shall not exceed, one thousand five hun¬ 
dred feet in length along the vein or lode; but no location of a mining 
claim shall be made until the discovery of the vein or lode within the 
limits of the claim located. No claim shall extend more than three 
hundred feet on each side of the middle of the vein at the surface, nor 
shall any claim be limited by any mining regulation to less than twenty- 

* These laws are the codification of the Public Land Commission, except as other 
wise indicated. 


I 



2 


UNITED STATES MINING LAWS 


five feet on each side of the middle of the vein at the surface, except 
vvhere adverse rights existing on the tenth day of May, eighteen hun¬ 
dred and seventy-two, render such limitation necessary. The end lines 
of each claim shall be parallel to each other. 

Sec. 390. The locators of all mining locations heretofore made or 
which shall hereafter be made, on any mineral vein, lode, or ledge, 
situated on the public domain, their heirs and assigns, where no adverse 
claim exists on the tenth day of May, eighteen hundred and seventy- 
two, so long as they comply with the laws of the United States, and 
with state, territorial, and local regulations not in conflict with the laws 
of the United States governing their possessory title, shall have the 
exclusive right of possession and enjoyment of all the surface included 
within the lines of their locations, and of all veins, lodes, and ledges 
throughout their entire depth, the top or apex of which lies inside of 
such surface lines extended downward vertically, although such veins, 
lodes, or ledges may so far depart from a perpendicular in their course 
downward as to extend outside the vertical side lines of such surface 
locations. But their right of possession to such outside parts of such 
veins or ledges shall be confined to such portions thereof as lie between 
vertical planes drawn downward as above described, through the end 
lines of their locations, so continued in their own direction that such 
planes will intersect such exterior parts of such veins or ledges. And 
nothing in this section shall authorize the locator or possessor of a vein 
or lode which extends in its downward course beyond the vertical lines 
of his claim to enter upon the surface of a claim owned or possessed by 
another. No possessory action between individuals, in any court of the 
United States, for the recovery of any mining title, or for damages to 
any such title, shall be affected by the fact that the paramount title to 
the land on which such mines are, is in the United States, but each 
case shall be adjudged by the law of possession. 

Status of Lode-Claims Located Prior to May 10, 1872. 

Land Office Regulations. —2. By an examination of the several sections of th* 
Revised Statutes, it will be seen that the status of lode-claims located previous to tl 
loth of May, 1872, is not changed with regard to their extent along the lode or widia 
of stirface. 

3. Mining rights acquired under such previous locations are, however, enlarged by 
said Revised Statutes in the following respect, viz.: The locators of all such previously 
taken veins or lodes, their heirs and assigns, so long as they comply with the laws of 
Congress and with State, Territorial, or local regulations not in conflict therewith, 
governing mining claims, are invested with the exclusive possessory right of all the 
surface included within the lines of their locations, and of all veins, lodes, or ledges 
throughout their entire depth, the top or apex of which lies inside of such surface-lines 
extended downward vertically, although such veins, lodes, or ledges may so far depart 
from a perpendicular in their course downward as to extend outside the vertical side¬ 
lines of such locations at the surface; it being expressly provided, however, that the 
right of possession to such outside parts of said veins or ledges shall be confined to 
such portions thereof as lie between vertical planes drawn downward as aforesaid, 
through the end-lines of their locations so continued in their own direction that such 
planes will intersect such exterior parts of such veins, lodes, or ledges; no right being 
granted, however, to the claimant of such outside portion of a vein or ledge to enter 
upon the surface location of another claimant. 


AND REGULATIONS THEREUNDER. 


3 

4. It is to be distinctly understood, however, that the law limits the possessory right 
to veins, lodes, or ledges, other than the one named in the original location, to such as 
were not adversely clahned on May 10, iS'jb, and that where such other vein or ledge 
was so adversely claimed at that date, the right of the party so adversely claiming is in 
no way impaired by the provisions of the Revised Statutes. 

5. In order to hold the possessory title to a mining claim located prior to May 10, 
1872, and for which a patent has not been issued, the law requires that ten dollars shall 
be expended annually in labor or improvements on each claim of one hundred feet on 
the course of the vein or lode until a patent shall have been issued therefor; but where 
a number of such claims are held in common upon the same vein or lode, the aggregate 
expenditure that would be necessary to hold all the claims, at the rate of ten dollars 
per hundred feet, may be made upon any one claim; a failure to comply with this 
requirement in any one year subjecting the claim upon which such failure occurred to 
relocation by other parties, the same as if no previous location thereof had ever been 
made, unless the claimants under the original location shall have resumed work thereon 
after such failure and before such relocation. The first annual expenditure upon 
claims of this class should have been performed subsequent to May 10, 1872, and prior 
to January i, 1875. From and after January i, 1875, required amount must be 
expended annually until patent issues. By decision of the honorable Secretary of the 
Interior, dated March 4, 1879, such annual expenditures are not required subsequent to 
entry, the date of issuing the patent certificate being the date contemplated by statute 

6. Upon the failure of any one of several co-owners of a vein, lode, or ledge, which 
has not been entered, to contribute his proportion of the expenditures necessary to hold 
the claim or claims so held in ownership in common, the co-owners who have per¬ 
formed the labor, or made the improvements, as required by said Revised Statute , 
may, at the expiration of the year, give such delinquent co-owner personal notice n 
■writing, or notice by publication in the newspaper published nearest the claim, for t 
least once a week for ninety days; and if upon the expiration of ninety days after sucli 
notice in writing, or upon the expiration of one hundred and eighty days after the first 
newspaper publication of notice, the delinquent co-owner shall have failed to contribute 
his proportion to meet such expenditure or improvements, his interest in the claim by¬ 
law passes to his co-owners, who have made the expenditures or improvements as 
aforesaid.- 

District Rules, Locations, and Annual Expenditures. 

United States Law.—Sec. 392. The miners of each mining district 
may make regulations not in conflict with the laws of the United States, 
or with the laws of the state or territory in which the district is situated, 
governing the location, manner of recording, amount of work necessary 
to hold possession of a mining claim, subject to the following require¬ 
ments : The location must be distinctly marked on the ground, so that 
its boundaries can be readily traced. All records of mining claims 
hereafter made shall contain the name or names of the locators, the date 
of the locations, and such a description of the claim or claims located 
by reference to some natural object or permanent monument as will 
identify the claim. On each claim located after the tenth day of May, 
eighteen hundred and seventy-two, and until a patent has been issued 
therefor, not less than one hundred dollars’ worth of labor shall be 
performed or improvements made during each year: Provided^ That 
the period within which the work required to be done annually on all 
unpatented claims, so located, shall commence on the first day cf'Janu- 


4 


UNITED STATES MINING LAWS 


ary succeeding the date of location of such claim. On all claims lo¬ 
cated prior to the tenth day of May, eighteen hundred and seventy-two, 
ten dollars worth of labor shall be performed or improvements made by 
the first day of January, eighteen hundred and seventy-five, and each 
year thereafter, for each one hundred feet in length along the vein, until 
a patent has been issued therefor; but where such claims are held in 
comifion, such expenditure may be made upon any one claim; and 
where a person or company has or may run a tunnel for the purposes of 
developing a lode or lodes, owned by said person or company, the 
money so expended in said tunnel shall be taken and considered as 
expended on said lode or lodes, whether located prior to or since the 
tenth day of May, eighteen hundred and seventy-two, and such person 
or company shall not be required to perform work on the surface of said 
lode or lodes in order to hold the same as required by said act. Upon 
a failure to comply with the foregoing conditions of annual expenditure, 
the claim or mine upon which such failure occurred shall be open to 
relocation in the same manner as if no location of the same had ever 
been made : Provided, That the original locators, their heirs, assigns, 
or legal representatives, have not resumed work upon the claim after 
failure and before such location. Upon the failure of any one of 
several co-owners to contribute his proportion of the expenditures 
required hereby, the co-owners who have performed the labor or made 
the improvements may, at the expiration of the year, give such delin¬ 
quent co-owner personal notice in writing or notice by publication in 
the newspaper published nearest the claim, for at least once a week for 
ninety days, and if at the expiration of ninety days after such notice in 
writing or by publication such delinquent should fail or refuse to con¬ 
tribute his -proportion of the expenditure required by this section, his 
interest in the claim shall become the property of his co-owners, who 
have made the required expenditures. [See paragraph 6, p. 3.] 

How to Locate Claims on Veins or Lodes. 

Land Office Regulations.—9. From and after the loth of May, 1872, any 
person who is a citizen of the United States or who has declared his intention to 
become a citizen, may locate, record, and hold a mining claim of fifteen hundred 
linear feet along the course of any mineral vein or lode subject to location; or an 
association of persons, severally qualified as above, may make a joint location of such 
claim of fifteen hundred feet, but in no event can a location of a vein or lode made 
subsequent to May 10, 1872, exceed fifteen hundred feet along the course thereof, 
whatever may be the number of persons composing the association. 

10. With regard to the extent of surface-ground adjoining a vein or lode, and 
claimed for the convenient working thereof, the Revised Statutes provide that the 
lateral extent of locations of veins or lodes made after May 10, 1872, shall in no case 
exceed three hundred feet on each side of the middle ofdhe vein at the surface, and 
that no such surface-rights shall be limited by any mining regulations to less than 
twenty-five feet on each side of the middle of the vein at the surface, except where 
adverse rights existing on the loth of May, 1872, may render such limitation neces¬ 
sary ; the end-lines of such claims to be in all cases parallel to each other. Said lateral 
measurements cannot extend beyond three hundred feet on either side of the middle 
of the vein at the surface, or such distance as is allowed by local laws. For example: 
400 feet cannot be taken on one side and 200 feet on the other. If, however, 300 feet 


AND REGULATIONS THEREUNDER. 


5 


on each side are allowed, and by reason of prior claims but loo feet can be taken on 
one side, the locator will not be restricted to less than 300 feet on the other side; and 
when the locator does not determine by exploration -where the middle of the vein at 
tlie surface is, his discovery-shaft must be assumed to mark such point. 

11. By the foregoing it will be perceived that no lode-claim located after the loth of 
May, 1872, can exceed a parellelogram fifteen hundred feet in length by six hundred 
feet in width; but whether surface-ground of that width can be taken, depends upon 
the local regulations or State or Territorial laws in force in the several mining districts; 
and that no such local regulations or State or Territorial laws shall limit a vein or lode 
claim to less than fifteen hundred feet along the course thereof, whether the location is 
made by one or more persons, nor can surface-rights be limited to less than fifty feet in 
width, unless adverse claims existing on the loth day of May, 1872, render such lateral 
limitation necessary. 

12. It is provided by the Revised Statutes that the miners of each district may make 
rules and regulations not in conflict with the laws of the United States, or of the State 
or Territory in which such districts are respectively situated, governing the location, 
manner of recording, and amount of work necessary to hold possession of a claim. 
They likewise require that the location shall be so distinctly'mai’ked on the ground 
that its boundaries may be readily traced. This is a very impoitant matter, and loca¬ 
tors cannot exercise too much care in defining their locations at the outset, inasmuch as 
the law requires that all records of mining locations made subsequent to May 10, 1872, 
shall contain the name or names of the locators, the date of the location, and such a 
description of the claim or claims located, by reference to some natural object or per¬ 
manent monument, as will identify the claim. 

13. The statutes provide that no lode-claim shall be recorded until after the discov¬ 
ery of a vein or lode within the limits of the ground claimed; the object of which 
provision is evidently to prevent the encumbering of the district mining records with 
useless locations, before sufficient work has been done thereon to determine whether a 
vein or lode has really been discovered or not. 

14. The claimant should therefore, prior to recording his claim, unless the vein can 
be traced upon the surface, sink a shaft, or run a tunnel or drift, to a sufficient depth 
therein to discover and develop a mineral-bearing vein, lode, or crevice; should deter 
mine, if possible, the general course of such vein in either direction from the point of 
discovery, by which direction he will be governed in marking the boundaries of his 
claim on the surface, and should give the course and distance as nearly as practicable 
from the discovery-shaft on the claim to some permanent, well-known points or objects, 
such, for instance, as stone monuments, blazed trees, the confluence of streams, points 
of intersection of well-known gulches, ravines, or roads, prominent buttes, hills, etc., 
which may be in the immediate vicinity, and which will serve to perpetuate and fix the 
loctts of the claim, and render it susceptible of identification from the description there¬ 
of given in the record of locations in the district. 

15. In additioji to the foregoing data, the claimant should state the names of adjoine 
ing claims, or, if none adjoin, the relative positions of the nearest claims; should 
drive a post 6r erect a monument of stones at each.corner of his surface-ground, and at 
the point of discovery or discovery-shaft should fix a post, stake, or board, upon which 
should be designated the name of the lode, the name or names of the locators, the 
number of feet claimed, and in which direction from the point of discovery; it being 
essential that the location notice filed for record, in addition to the foregoing descrip¬ 
tion, should state whether the entire claim of fifteen hundred feet is taken on one side 
of the point of discovery, or whether it is partly upon one and partly upon the otliei 


6 


UNITED STATES MINING LAWS 


side thereof, and in the latter case, how many feet are claimed upon each side of such 
discovery-point. 

16. Within a reasonable time, say twenty days after the location shall have been 
marked on the ground, or such time as is allowed by the local laws, notice thereof, 
accurately describing the claim in manner aforesaid, should be filed for record with the 
proper recorder of the district, who will thereupon issue the usual certificate of 
location. 

17. In order to hold the possessory right to a location made since May lo, 1872, not 
less than one hundred dollars’ worth of labor must be performed, or improvements 
made thereon, within one year from the date of such location, and annually thereafter; 
in default of which the claim will be subject to relocation by any other party having 
the necessary qualifications, unless the original locator, his heirs, assigns, or legal 
representatives, have resumed work thereon after such failure and before such 
relocation. 

18. The expenditures required upon mining claims may be made from the surface or 
in running a tunnel for the development of such claims, the act of February ii, 1875 
providing that where a person or company has, or may, run a tunnel for the purpose 
of developing a lode or lodes owned by said person or company, the money so 
expended in said tunnel shall be taken and considered as expended on said lode or 
lodes, and such person or company shall not be required to perform work on the sur¬ 
face of said lode or lodes in order to hold the same. 

19. The importance of attending to these details in the matter of location, labor, and 
expenditure, will be the more readily perceived when it is understood that a failure to 
give the subject proper attention may invalidate the claim. 

Cross Lodes. 

United States Law.—Sec. 404. Where two or more veins intersect 
or cross each other, priority of title shall govern, and such prior loca¬ 
tion shall be entitled to all ore or mineral contained within the space 
of intersection; but the subsequent location shall have the right of way 
through the space of intersection for the purposes of the convenient 
working of the mine. And where two or more veins unite, the oldest 
or prior location shall take the vein below the point of union, including 
all the space of intersection. 

Tunnel Rights. 

United States Law.—Sec. 391. Where a tunnel is run for the 
development of a vein or lode, or for the discovery of mines, the owners 
of such tunnel shall have the right of possession of all veins or lodes 
within three thousand feet from the face of such tunnel on the line 
thereof, not previously known to exist, discovered in such tunnel, to 
the same extent as if discovered from the surface: and locations on the 
line of such tunnel of veins or lodes, not appearing on the surface, 
made by other parties after the commencement of the tunnel, and while 
the same is being prosecuted with reasonable diligence, shall be invalid; 
but failure to prosecute the work on the tunnel for six months shall be 
considered as an abandonment of the right to all undiscovered veins on 
the line of such tunnel. 

Land Office Regulations. — 20, Section 2323 [391], provides that where a tunnel 
is run for the development of a vein or lode, or for the discovery of mines, the owners 
of such tunnel shall have the right of possession of all veins or lodes within three* 


AND REGULATIONS THEREUNDER. 


7 


thousand feet from the face of such tunnel on the line thereof, not previously known to 
exist, discovered in such tunnel, to the same extent as if discovered from the surface; 
and locations on the line of such tunnel, or veins or lodes not appearing on tlie surface, 
made by other parties after the commencement of the tunnel, and while the same is 
being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute 
the work on the tunnel for six months shall be considered as an abandonment of the 
right to all undiscovered veins or lodes on the line of said tunnel, 

21. The effect of this is simply to give the proprietors of a mining tunnel run in good 
faith the possessory light to fifteen hundred feet of any blind lodes cut, discovered, or 
intersected by such tunnel, which were not previously known to exist, within three 
thousand feet from the face or point of commencement of such tunnel, and to prohibit 
other parties, after the commencement of the tunnel, from prospecting for and making 
locations of lodes on the line thereof and within said distance of three thousand feet, 
unless such lodes appear upon the surface or were previously known to exist. 

22. The term “ face,” as used in said section, is construed and held to mean the first 
working face fonned in the tunnel, and to signify the point at which the tunnel actually 
enters cover; it being from this point that the three thousand feet are to be counted, 
upon which prospecting is prohibited as aforesaid. 

23. To avail themselves of the benefits of this provision of law, the proprietors of a 
mining tunnel will be required, at the time they enter cover as aforesaid, to give propei 
notice of their tunnel location, by erecting a substantial post, board, or monument al 
the face or point of commencement thereof, upon which should be posted a good ami 
sufficient notice, giving the names of the parties or company claiming the tunnel right 

. the actual or proposed course or direction of the tunnel; the height and width thereof 
and the course or distance from such face or point of commencement to some perma 
nent well-known objects in the vicinity by which to fix and determine the locus ij 
manner heretofore set forth applicable to locations of veins or lodes; and at the time of 
posting such notice they shall, in order that miners or prospectors may be enabled t« 
determine whether or not they are within the lines of the tunnel, establish the boundary 
lines thereof, by stakes or monuments placed along such lines at proper intervals, t(? 
the terminus of the three thousand feet from the face or point of commencement of thcr 
tunnel, and the lines so marked will define and govern as to the specific boundaries 
within which prospecting for lodes not previously known to exist is prohibited while 
work on the tunnel is being prosecuted with reasonable diligence. 

24. At the time of posting notice and marking out the lines of the turfnel as afore¬ 
said, a full and correct copy of such notice of location defining the tunnel-claim must 
be filed for record with the mining recorder of the district, to which notice must be 
attached the sworn statement or declaration of the owners, claimants, or projectors of 
such tunnel, setting forth the facts in the case; stating the amount expended by them • 
selves and their predecessors in interest in prosecuting work thereon, the extent of the 
work performed, and that it is bona fide their intention to prosecute work on the tunnel 
so located and described with reasonable diligence for the development of a vein or 
lode, or for the discovery of mines, or both, as the case may be. 

This notice of location must be duly recorded, and, with the said sworn statement 
attached, kept on the recorder’s files for future reference. 

25. By a compliance with the foregoing, much needless difficulty will be avoided, 
»^and the way for the adjustment of legal rights acquired in virtue of said section 2323 

will be made much more easy and certain. 

26. This office will take particular care that no improper advantage is taken of this 
provision of law by parties making or professing to make tunnel locations, ostensibly 


8 


UNITED STATES MINING LAWS 


for the purposes named in the statute, but really for the purpose of monopolizing the 
lands lying in front of their tunnels, to the detriment of the mining interests and to the 
exclusion of bona fide prospectors or miners, but will hold such tunnel claimants to a 
strict compliance with the terms of the statutes; and a reasonable diligence on their 
part in pi'osecuting the work is one of the essential conditions of their implied contract. 
Negligence or want of due diligence will be construed as working a forfeiture of their 
right to all undiscovered veins on the line of such tunnel. 

How to Apply for a Patent. 

United States Law.—Sec. 393. A patent for any land claimed and 
located for valuable deposits may be obtained in the following manner : 
Any person, association, or corporation authorized to locate a claim 
under this chapter, having claimed and located a piece of land for such 
purposes, who has or have complied with the terms of this chapter, may 
file in the proper land office an application for a patent, under oath, 
showing such compliance, together with a plat and field-notes of the 
claim or claims in common, made by or under the direction of the 
United States Surveyor-General, showing accurately the boundaries of 
the claim or claims, which shall be distinctly marked by monuments on 
the ground, and shall post a copy of such plat, together with a notice 
of such application for a patent, in a conspicuous place on the land 
embraced in sudi plat previous to the filing of the application for a 
patent, and shall file an affidavit of at least two persons that such notice 
has been duly posted, and shall file a copy of the notice in such land 
office, and shall thereupon be entitled to a patent for the land, in the 
manner following: The register of the land office, upon the filing of 
such application, plat, field-notes, notices and affidavits, shall publish a 
notice that such application has been made, for the period of sixty days, 
in a newspaper to be by him designated as published nearest to such 
claim; and he shall also post such notice in his office for the same 
period. The claimant at the time of filing this application, or at any 
time thereafter, within the sixty days of publication, shall file with tl>e 
register a certificate of the United States Surveyor-General that five 
hundred dollars’ worth of labor has been expended or improvements 
made upon the claim by himself or grantors ; that the plat is correct, 
with such further description by such reference to natural objects or 
permanent monuments as shall identify the claim, and furnish an 
accurate description, to be incorporated in the patent. At the expira¬ 
tion of the sixty days of publication the claimant shall file his affidavit, 
showing that the plat and notice have been posted in a conspicuous place 
on the claim during such period of publication. If no adverse claim 
shall have been filed with the Register and the Receiver of the proper 
land office at the expiration of the sixty days of publication, it shall be 
assumed that the applicant is entitled to a patent, upon the payment to 
the proper officer of five dollars per acre, and that no adverse claim 
exists; and thereafter no objection from third parties to the issuance of 
a patent shall be heard, except it be shown that the applicant has failed 
to comply with the terms of this chapter. Where the claimant for a 
patent is not a resident of or within the land district wherein the vein, 
lode, ledge, or deposit sought to be patented is located, the applicatio i 
for patent and the affidavits required to be made in this section may b ^ 
made by his, her, or its authorized agent, where said agent is conversant 


AND REGULATIONS THEREUNDER. 


9 

with the facts sought to be established; and this provision shall apply 
to all applications for patents to mineral lands pending on the twenty- 
second day of January, eighteen hundred and eighty. 

Land OmcE Regulations.—27. By section 2325 [393]) authority is given for 
granting titles for mines by patent from the government to any person, association, or 
cor]Doration, having the necessary qualifications as to citizenship and holding the right 
of possession to a claim in compliance with law. 

28. The claimant is required in the first place to have a correct survey of his claim 
made under authority of the Surveyor-General of the State or Territory in which the 
claim lies; such -survey to show with accuracy the exterior surface boundaries of the 
claim, which boundaries are required to be distinctly marked by monuments on the 
ground, hour plats and one copy of the original field-notes, in each case, will be pre¬ 
pared by the surveyor-general; one plat and the original field-notes to be retained in 
the office of the surveyor-general, one copy of the plat to be given the claimant for 
posting upon the claim, one plat and a copy of the field-notes to be given the claimant 
for filing with the proper register, to be finally transmitted by that officer, with other 
papers in the case, to this office, and one plat to be sent by the surveyor-general to the 
register of the proper land-district, to be retained on his files for future reference, 

29. The claimant is then required to post a copy of the plat of such survey in a 
conspicuous place upon the claim, together with notice of his intention to apply for a 
patent therefor, which notice will give the date of posting, the name of the claimant, 
the name of the claim, mine, .or lode; the mining district and county; whether the 
location is of record, and, if so, where the record may be found; the number of feet 
claimed along the vein, and the presumed direction thereof; the number of feet 
claimed on the lode in each direction from the point of discovery, or other well-defined 
place on the claim; the name or names of adjoining claimants on the same or other 
lodes; or, if none adjoin, the names of the nearest claims, etc. 

30. After posting the said plat and notice upon the premises, the claimant will file 
with the proper register and receiver a copy of such plat, and the field-notes of survey 
of l^e claim, accompanied by the affidavit of -at least two credible witnesses that such 
plat and notice are posted conspicuously upon the claim, giving the date and place of 
such posting; a copy of the notice so posted to be attached to, and form a part of, said 
affidavit. 

31. Attached to the field-notes so filed must be the sworn statement of the claimant 
that he has the possessory right to the premises therein described, in virtue of a com¬ 
pliance by himself (and by his grantors, if he claims by purchase) with the mining 
rules, regulations, and customs of the mining di.strict. State,- or Territory in which the 
claim lies, and with the mining laws of Congress;, such sworn statement to narrate 
briefly, but as clearly as possible, the facts constituting such compliance, the origin of 
his possession, and the basis of his claim to a patent. 

32. This affidavit should be supported by appropriate evidence from the mining 
recorder’s office as to his posses.sory right, as follows, viz.: Where he claims to be a 
locator, a full, true, and correct copy of such location should be furnished, as the same 
appears upon the mining records; such copy to be attested by the seal of the recorder, 
or if he has no seal, then he should make oath to the same being correct, as shown by 
his records; where the applicant claims as a locator in company with others who have 
since conveyed their interests in the lode to him, a copy of the original record of loca¬ 
tion should be filed, together with an abstract of title from the proper recorder, under 
seal or oath as aforesaid, tracing the co-locator’s possessoiy rights in the claim to such 
applicant for patent; where the applicant claims only as a purchaser for valuable 


lO 


UNITED STATES MINING LAWS 


consideration, a copy of the location record must be filed, under seal or upon oath as 
aforesaid, with an abstract of title certified as above by the proper recorder, tracing the 
right of possession by a continuous chain of conveyances from the original locators to 
the applicant. 

33. In the event of the mining records in any case having been destroyed by fire or 
otherwise lost, affidavit of the fact should be made, and secondary evidence of possess¬ 
ory title will be received, which may consist of the affidavit of the claimant, supported 
by those of any other parties cognizant of the facts relative to his location, occupancy, 
possession, improvements, etc.; and in such case of lost records, any deeds, certificates 
of location or purchase, or other evidence, which may be in the claimant’s possession, 
and tend to establish his claim, should be filed. 

34. Upon the receipt of these papers the register will, at the expense of the claimant 
(who must furnish the agreement of the publisher to hold applicant for patent alone 
responsible for charges of publication), publish a notice of such application for the 
period of sixty days, in a newspaper published nearest to the claim; and will post a 
copy of such notice in his office for the same period. In all cases sixty days must 
intervene between the first and the last insertion of the notice in such newspaper. 
When the notice is published in a weekly newspaper, ten consecutive insertions are 
necessary; when in a daily newspaper, the notice must appear in each issue for the 
required period. 

35. The notices so published and posted must be as full and complete as possible, 
and embrace all the data given in the notice posted upon the claim. 

36. Too much care cannot be exercised in the preparation of these notices, inasmuch 
as upon their accuracy and completeness will depend, in a great measure, the regularity 
^ nd validity of the whole proceeding. 

’ 37. The claimant, either at the time of filing these papers with the register, or at any 
tnie during the sixty days’ publication, is required to file a certificate of the surveyor- 
general that not less than five hundred dollars’ worth of labor has been expended or 
improvements made upon the claim by the applicant or his grantors; that the plat filed 
by the claimant is correct; that the field-notes of the survey, as filed, furnish such an 
accurate description of the claim as will, if incorporated into a patent, serve to fully 
identify the premises, and that such reference is made therein to natural objects or 
permanent monuments as will perpetuate and fix the locus thereof. 

38. It will be the more convenient way to have this certificate indorsed by the 
surveyor-general, both upon the plat and field-notes of survey filed by the claimant as 
aforesaid. 

39. After the sixty days’ period of newspaper publication has expired, the claimant 
will file his affidavit, showing that the plat and notice aforesaid I'emained conspicuously 
posted upon the claim sought to be patented during said sixty days’ publication, giving 
the dates. 

40. Upon the filing of this affidavit the register will, if no adverse claim was filed 
in his office during the period of publication, permit the claimant to pay for the land 
according to the area given in the plat and field-notes of survey aforesaid, at the rate of 
five dollars for each acre and five dollars for each fractional part of an acre, the receiver 
issuing the usual duplicate receipt therefor. The claimant will also make a sworn 
statement of all charges and fees paid by him for publication and surveys, together with 
all fees and money paid the register and receiver of the land office; after which the 
whole matter will be forwarded to the Commissioner of the General Land Office, and 
a patent issued thereon if found regular. 

41. In sending up the papers in the case, the register must not omit certifying to the 


AND REGULATIONS THEREUNDER. 


II 


fact that the notice was posted in his office for the full period of sixty days, such cer¬ 
tificate to state distinctly when such posting was done, and how long continued. 

42. The consecutive series of numbers of mineral entries must be continued, whether 
the same are of lode or placer claims. 

43. The surveyor-general must continue to designate all surveyed mineral claims as 
heretofore by a progressive series of numbers, beginning with lot No. 37 in each town 
ship; the claim to be so designated at date of filing the plat, field-notes, etc., in 
addition to the local designation of the claim; it being required in all cases that the 
plat and field-notes of the survey of a claim must, in addition to the reference to per¬ 
manent objects in the neighborhood, describe the loctis of the claim with reference to 
the lines of public surveys by a line connecting a comer of the claim with the nearest 
public corner of the United States surveys, unless such claim be on unsurveyed lands 
at a remote distance from such public corner, in which latter case the reference by 
course and distance to permanent objects in the neighborhood will be a sufficient 
designation by which to fix the locus until the public surveys shall have been closed 
upon its boundaries. 

Adverse Claims, 

United States Law.—Sec. 394. Where an adverse claim is filed 
during the period of publication, it shall be upon oath of the person or 
persons making the same, and shall show the nature, boundaries, and 
extent of such adverse claim; and all proceedings, except the publication 
of notice and making and filing of the affidavit thereof, shall be stayed 
until the controversy shall have been settled or decided by a court of 
competent jurisdiction, or the adverse claim waived. It shall be the 
duty of the adverse claimant, within thirty days after filing his claim, to 
commence proceedings in a court of competent jurisdiction, to deter¬ 
mine the question of the right of possession, and prosecute the same 
with reasonable diligence to final judgment; and a failure so to do shall 
be a waiver of his adverse claim. After such judgment shall have been 
rendered, the party entitled to the possession of the claim, or any por¬ 
tion thereof, may, without giving further notice, file a certified copy of 
the judgment-roll with the register of the land office, together with the 
certificate of the surveyor-general that the requisite amount of labor has 
been expended or improvements made thereon, and the description 
required in other cases, and shall pay to the receiver five dollars per 
acre for his claim, together with the proper fees, whereupon the whole 
proceedings and the judgment-roll shall be certified by the register to 
the Commissioner of the General Land Office, and a patent shall issue 
thereon for the claim, or such portion thereof as the applicant shall 
appear, from the decision of the court, to rightly possess. If it appears 
from the decision of the court that several parties are entitled to separate 
and different portions of the claim, each party may pay for his portion 
of the claim, with the proper fees, and file the certificate and description 
by the Surveyor-General, whereupon the register shall certify the pro¬ 
ceedings and judgment-roll to the Commissioner of the General Land 
Office, as in the preceding case, and patents shall issue to the several 
parties according to their respective rights. Nothing herein contained 
shall be construed to prevent the alienation of the title conveyed by a 
patent for a mining claim to any person whatever. 

Land Office Regulations.— 44. Section 2326 [394], provides for adverse claims. 


12 


UNITED STATES MINING LAWS 


fixes the time within which they shall be filed to have legal effect, and prescribes the 
manner of their adjustment. 

45. ' Said section requires that the adverse claim shall be filed during the period of 
publication of notice; that it must be on the oath of the adverse claimant; and that it 
must show the ^‘nature,” the boundaries,' and the extent" of the adverse claim. 

46. In order that this section of law may be properly carried into effect, the follow¬ 
ing has been communicated for the information of all concerned : 

47. An adverse mining claim must be filed with the register of the same land-office 
with whom the application for patent was filed, or in his absence with the receiver, and 
within the sixty days’ period of newspaper publication of notice. 

48. The adverse notice must be duly sworn to by the person or persons making the 
same before an officer authorized to administer oaths within the land district, or before 
the register or receiver; it will fully set forth the nature and extent of the interference 
or conflict; whether the adverse party claims as a purchaser for valuable consideration 
or as a locator; if the former, a certified copy of the original location, the original 
conveyance, a duly certified copy thereof, or an abstract of title from the office of the 
proper recorder, should be furnished; or if the transaction was a mere verbal one, he 
will narrate the circumstances attending the purchase, the date thereof, and the amount 
paid, which facts should be supported by the affidavit of one or more witnesses, if any 
were present at the time; and if he claims as a locator, he must file a duly certified copy 
of the location from the office of the proper recorder. 

49. In order that the ^^boundaries'' and extent" of the claim may be shown, it 
will be incumbent upon the adverse claimant to file a plat showing his entire claim, its 
relative situation or position with the one against which he claims, and the extent of 
the conflict. This plat must be made from an actual survey by a United States deputy 
.surveyor, who will officially certify thereon to its correctness; and in addition there 
must be attached to such plat of surv'ey a certificate or sworn statement by the surveyor 
as to the approximate value of the labor performed or improvements made upon the 
claim by the adverse party or his predecessors in interest, and the plat must indicate 
the position of any shafts,'tunnels, or other improvements, if any such exist, upon the 
claim of the party opposing the application, and by which party said improvements 
were made. 

50. Upon the foregoing being filed within the sixty days as aforesaid, the register, or 
in his absence the receiver, will give notice in writing to both parties to the contest that 
such adverse claim has been filed, informing them that the party who filed the adverse 
claim will be required within thirty days from the date of such filing to commence 
proceedings in a court of competent jurisdiction to determine the question of right of 
possession, and to prosecute the same with reasonable diligence to final judgment, and 
that should such adverse claimant fail to do so, his adverse claim will be considered 
waived, and the application for patent be allowed to proceed upon its merits. 

51. When an adverse claim is filed as aforesaid, the register or receiver will indorse 
upon the same the precise date of filing, and preserve a record of the date of notifica¬ 
tions issued thereon; and thereafter all proceedings on the application for patent will 
be suspended, with the exception of the completion of the publication and posting of 
notices and plat, and the filing of the necessary proof thereof, until the controversy 
shall have been adjudicated in court, or the adverse claim waived or withdrawn. 

52. The proceedings after rendition of judgment by the court in such case are so 
clearly defined by the act itself as to render it unnecessary to enlarge thereon in this 
place. 


AND REGULATIONS THEREUNDER. 


13 


Surveys to be Adjusted, to the Public Surveys. 

^ United States Law.—Sec. 395. The description of vein or lode 
claims, upon surveyed lands, shall designate the location of the claim 
with reference to the lines of the public surveys, but need not conform 
therewith; but where a patent shall be issued for claims upon unsur¬ 
veyed lands, the surveyor-general, in extending the surveys, shall adjust 
the same to the boundaries of such patented claim, according to the 
plat or description thereof, but so as in no case to interfere with or 
change the location of any such patented claim. 

Patents for Veins or Lodes issued prior to May 10, 1872. 

United States Law.—Sec. 396. Applications for patents for mining 
claiins under former laws now pending, may be prosecuted to a final 
decision in the General Land Office; but in such cases, where adverse 
rights are not affected thereby, patents may issue in pursuance of the 
provisions of this chapter ; and all patents for mining claims upon veins 
or lodes heretofore issued shall convey all the rights and privileges con¬ 
ferred by this chapter where no adverse rights existed on the tenth day 
of May, eighteen hundred and seventy-two. 

Land Office Regulations.— 7. Rights under patents for veins or lodes heretofore 
granted under previous legislation of Congress are enlarged by the Revised Statutes so 
as to invest the patentee, his heirs or assigns, with title to all veins, lodes, or ledges, 
throughout their entire depth, the top or apex of which lies within the end and side 
boundary-lines of his claim on the surface, as patented, extended downward vertically, 
although such veins, lodes, or ledges may so far depart from a perpendicular in their 
course downward as to extend outside the vertical side-lines of the claim at the surface. 
The right of possession to such outside parts of such veins or ledges to be confined to 
such portions thereof as lie between vertical planes drawn downward through the end¬ 
lines of the claims at the surface, so continued in their own direction that such planes 
will intersect such exterior parts of such veins or ledges; it being expressly provided, 
however, that all veins, lodes, or ledges, the top or apex of which lies inside such 
surface locations, other than the one named in the patent, which were adversely claimed 
on the 10th May, 1872, are excluded from sueh conveyance by patent. 

8. Applications for patents for mining-claims pending at the date of the act of May 
10, 1872, may be prosecuted to final decision in the General Land Office, and where 
no adverse rights are affected thereby, patents will be issued in pursuance of the pro¬ 
visions of die Revised Statutes. 

Placer Clairris. 

United States Law.—Sec. 397. Claims usually called ‘‘placers,” 
including all forms of deposit, excepting veins of quartz or other rock 
in place, shall be subject to entry and patent, under like circumstances 
and conditionsj and upon similar proceedings, as are provided for vein 
or lode claims; but where the lands have been previously surveyed by 
the United States, the entry in its exterior limits shall conform to the 
legal subdivisions of the public lands. 

Land Office Regulations. —53. The proceedings to obtain patents for claims 
usually called placers, including all forms of deposit, are similar to the proceedings 
prescribed for obtaining patents for vein or lode claims; but where said placer-claim 
shall be upon surveyed lands, and conform to legal subdivisions, no further survey or 
plat will be required, and all placer-mining claims located after May 10, 1872, shall 
*See addiuoaal regulations, pp. 33 to 35. 


14 


UNITED STATES MINING LAWS 


confonn a-? nearly as practicable with the United States system of public land surveys 
and the rectangular subdivisions of such surveys, and no such location shall include 
more than twenty acres for each individual claimant; but where placer-claims cannot 
be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed 
lands. But where such claims are located previous to the public surveys, and do not 
conform to legal subdivisions, survey, plat, and entry thereof may be made according 
to the boundaries thereof, provided the location is in all respects legal. 

54. The proceedings for obtaining patents for veins or lodes having already been 
fully given, it will not be necessary to repeat them here; it being thought that careful 
attention thereto by applicants and the local officers will enable them to act under- 
standingly in the matter, and make such slight modifications in the notice, or otherwise, 
as may be necessary in view of the different nature of the two classes of claims; placer- 
claims being fixed, however, at two dollars and fifty cents per acre, or fractional part 
of an acre. 

60. When an adverse claim is filed to a placer application, the proceedings are the 
same as in the case of vein or lode claims, already described. 

Placer Claims Containing Lodes. 

United States Law.—Sec. 401. Where the same person, associa¬ 
tion, or corporation is in possession of a placer claim, and also a vein or 
lode included within the boundaries thereof, application shall be made 
for a patent for a placer claim, with the statement that it includes such 
vein or lode, and in such case a patent shall issue for the placer claim, 
subject to the provisions of this chapter, including such vein or lode, 
upon the payment of five dollars per acre for such vein or lode claim, 
and twenty-five feet of surface on each side thereof. The remainder of 
the placer claim, or any placer claim not embracing any vein or lode 
claim, shall be paid for at the rate of two dollars and fifty cents per acre, 
together with all costs of proceedings; and where a vein or lode, such 
as is described in section three hundred and eighty-eight, is known to 
exist within the boundaries of a placer claim, an application for a patent 
for such placer claim, which does not include an application for the 
vein or lode claim, shall be construed as a conclusive declaration that 
the claim.ant of the placer claim has no right of possession of the vein or 
lode claim; but where the existence of a vein or lode in a placer claim 
is not known, a patent for the placer claim shall convey all valuable 
mineral and other deposits within the boundaries thereof. 

Land Office Regulations. —59. Applicants for patent to a placer-claim, who are 
also in possession of a known vein or lode included therein, must state in their appli¬ 
cation that the placer includes such vein or lode. The published and posted notices 
must also include such statement; and the vein or lode must be surveyed and marked 
upon the plat; the field-notes and plat giving the area of the lode claim or claims and 
the area of the placer separately. If veins or lodes lying within a placer location are 
owned by other parties, the fact should be distinctly stated in the application for patent, 
and in all the notices. It should be remembered that an application which omits to 
include an application for a known vein or lode therein, must be construed as a con¬ 
clusive declaration that the applicant has no right of possession to the vein or lode. 
Where there is no known lode or vein, the fact must appear by the affidavit of claimant 
and one or more witnesses. 


AND REGULATIONS THEREUNDER. 


15 


Placer Locations. 

United States Law.—Sec. 398. Legal subdivisions of forty acres 
may be subdivided into ten-acre tracts; and two or more persons, or 
associations of persons, having contiguous claims of any size, although 
such claims may be less than ten acres each, may make joint entry 
thereof; but no location of a placer claim, made after the ninth day of 
July, eighteen hundred and seventy, shall exceed one hundred and 
sixty acres for any one person or association of persons, which location 
shall conform to the United States surveys; and nothing in this section 
contained shall defeat or impair any bona fide pre-emption or home¬ 
stead claim upon agricultural lands, or authorize the sale of the im¬ 
provements of any bona fide settler to any purchaser. 

Sec. 399. Where placer claims are upon surveyed lands, and conform 
to legal subdivisions, no further survey or plat shall be required, and all 
placer-mining claims located after the tenth day of May, eighteen 
hundred and seventy-two, shall conform as near as practicable with the 
United States system of public land surv^s, and the rectangular sub¬ 
divisions of such surveys, and no such location shall include more than 
twenty acres for each individual claimant; but where placer claims 
cannot be conformed to legal subdivisions, survey and plat shall be 
made as on unsurveyed lands; and where by the segregation of mineral 
land in any legal subdivision a quantity of agricultural land* less than 
forty acres remains, such fractional portion of agricultural land may 
be entered by any party qualified by law, for homestead or pre-emption 
purposes. 

Land Office Regulations. —61. By section 2330 [398] it is declared that no 
location of a placer-claim made after July 9, 1870, shall exceed one hundred and sixty 
acres for any one person or association of persons, which location shall conform to the 
United States surveys. 

62. Section 2331 [399] provides that all placer-mining claims located after May 10, 
1872, shall conform as nearly as practicable with the United States system of public 
surveys and the subdivisions of such surveys, and no such locations shall include more 
than twenty acres for each individual claimant. 

63. The foregoing provisions of law are construed to mean that after the 9th day of 
July, 1870, no location of a placer-claim can be made to exceed one hundred and sixty 
acres, whatever may be the number of locators associated together, or whatever the 
local regulations of the district may allow; and that from and after May 10, 1872, no 
location made by an individual can exceed twenty acres, and no location made by an 
association of individuals can exceed one hundred and sixty acres, which location of 
one hundred and sixty acres cannot be made by a less number than eight bona fide 
locators; and no local laws or mining regulations can restrict a placer location to less 
than tv/enty acres, although the locator is not compelled to take so much. 

64. The regulations hereinbefore given as to the manner of marking locations on 
the ground, and placing the same on record, must be observed in the case of placer 
locations, so far as the same are applicable; the law requiring, however, that where 
placer-claims are upon surveyed public lands, the locations must hereafter be made to 
conform to legal subdivisions thereof as near as practicable. 

Legal Subdivisions—Ten-Acre Tracts. 

Land Office Regulations. —55. By section 2330, authority is given for the sub¬ 
division of forty-acre legal subdivisions into ten-acre lots, which is intended for the 


i6 


UNITED STATES MINING LAWS 


greater convenience of miners in segregating their claims both from one another and 
from intervening agricultural lands. 

' 56. It is held, therefore, that under a proper construction of the law these ten-acre 

lots in mining districts should be considered and dealt with, to all intents and purposes, 
as legal subdivisions, aiid that an applicant having a legal claim which conforms to one 
or more of these ten-acre lots, either adjoining or cornering, may make entry thereof, 
after the usual proceedings, without further survey or plat. '■ 

57. In cases of this kind, however, the notice given of the application m;ist be very 
specific and accurate in description, and as the forty-acre tracts may be subdivided into 
ten-acre lots, either in the form of squares of ten by ten chains, or of parallelograms 
five by twenty chains, so long as the lines are parallel and at right angles with the lines 
of the public surveys, it will be necessary that the notice and application state specific¬ 
ally what ten-acre lots are sought to be patented, in addition to the other da^a required 
in the notice. 

58. Where the ten-acre subdivision is in the form of a square, it may be described, 
for instance, as the “ S. E. ^ of the S. W. ^ of N. W. *4^,” or, if in the form of a 
parallelogram as aforesaid, it may be desafibed as the “ W. of the W. ^ of the S. 
W. ^ of the N. W. ^ (or the N. the S. )4 of the N. E. ^ of the S. E. ^4!') of 

section-, township-, range-,” as the case may be; but, in addition 

to this description of the land, the notice must give all the other data that is required 
in a mineral application, by which parties may be put on inquiry as to the premises 
sought to be ^mtented. The proof submitted with applications for claims of this kind 
must show clearly the character and the extent of the improvements upon the premises. 


Proofs of Possessory Rights—Liens—Limitations. 

.United States Law.—Sec. 400. Where such person or association, 
they and their grantors, haye held and worked their claims for a period 
equal to the time prescribed by the statute of limitations for mining 
claims of the State or Territory where the same may be situated, evi¬ 
dence of such possession and working of the claims for such period 
shall be sufficient to establish a right to a patent thereto under this 
chapter, in the absence of any adverse claim; but nothing in this chap¬ 
ter shall be deemed to impair any lien which may have attached in any 
way whatever to any mining claim or property thereto attached prior 
to the issuance of a patent. 

Land Office Regui.ations. —65. With regard to the proofs necessary to establish 
the possessory right to a placer-claim, section 2332 provides that “ where such person 
or association, they and their grantors, have held and worked their claims for a period 
equal to the time prescribed by the statute of limitations for mining-claims of the State 
or Territory where the same may be situated, evidence of such possession and working 
of the claims for such period shall be sufficient to establish a right to a patent thereto 
under this chapter, in the absence of any adverse claim.” 

6G. This provision of law will greatly lessen the burden of proof, more especially in 
the case of old claims located many years since, the records of which, in many cases, 
have been destroyed by fire, or lost in other ways during the lapse of time, but concern¬ 
ing the possessory right to which all controversy or litigation has long been settled. 

67. When an applicant desires to make his proof of possessor}^ right in accordance 
with this provision of law, you will not require him to produce evidence of location, 
•copies of conveyances, or abstracts of title, as in other cases, but will require him to 
furnish a duly certified copy of the statute of limitations of mining-claims for the State 





AND REGULATIONS THEREUNDER. 


17 


or Territory, together with his sworn statement giving a clear and succinct narration of 
the facts as to the origin of his title, and likewise as to the continuation of his possession 
of the mining-ground covered by his application; the area thereof, the nature and 
extent of the mining that has been done thereon; whether there has been any opposi¬ 
tion to his possession, or litigation with regard to his claim, and, if so, when the same 
ceased; whether such cessation was caused by compromise or by judicial decree; and 
any additional facts within the claimant’s knowledge having a direct bearing upon his 
possession and bo?ia fides which he may desire to submit in support of his claim. 

68. There should likewise be filed a certificate, under seal of the court having juris¬ 
diction of mining cases within the judicial district embx'acing the claim, that no suit 01 
action of any character whatever involving the right of possession to any portion of the 
claim applied for is pending, and that there has been no litigation before said court 
affecting the. title to said claim or any part thereof for a period equal to the time fixed 
by the statute of limitations for mining-claims in the State or Territory as aforesaid, 
other than that which has been finally decided in favor of the claimant. 

69. The claimant should support his narrative of facts relative to his possession, 
occuj ancy, and improvements by corroborative testimony of any disinterested person or 
persons of credibility who may be cognizant of the facts in the case, and are capable of 
testifying understandingly in the premises. 

70. It will be to the advantage of claimants to make their proofs as full and complete 
as practicable. 

Mill-sites. 

United States Law.—Sec. 405. Where non-mineral land not con¬ 
tiguous to the vein or lode is used or occupied by the proprietor of 
such vein or lode for mining or milling purposes, such non-adjacent 
surface-ground may be embraced and included in an application for a 
patent for such vein or lode, and the same may be patented therewith, 
subject to the same preliminary requirements as to survey and notice as 
are applicable to veins or lodes; but no locations hereafter made of 
such non-adjacent land shall exceed five acres, and payment for the 
same must be made at the same rate as fixed by this chapter for the 
superficies of the lode. The owner of a quartz mill or reduction 
works, not owning a mine in connection therewith, may also receive a 
patent for his mill-site, as provided in this section. 

Land Office Regulations. —71. Section 2337 [405] provides that “where non¬ 
mineral land not contiguous to the vein or lode is used or occupied by the proprietor 
of such vein or lode for mining or milling purposes, such non-adjacent surface-ground 
may be embraced and included in an application for a patent for such vein or lode, and 
the same may be patented therewith, subject to the same preliminary reejuirements as 
to survey and notice as are applicable to veins or lodes; but no location hereafter made 
of such non-adjacent land shall exceed five acres, and payment for the same must be 
made at the same rate as fixed by this chapter for the superficies of the lode. The 
owner of a quartz-mill or reduction-works, not owning a mine in connection therewith, 
may also receive a patent for his mill-site, as provided in this section.” 

72. To avail themselves of this provision of law, parties holding the possessory right 
to a vein or lode, and to a piece of non-mineral land not contiguous thereto, for mining 
or milling purposes, not exceeding the quantity allowed for such purpose by section 
2337 United States Revised Statutes, or prior laws under which the land was appro¬ 
priated, the proprietors of such vein or lode may file in the proper land-office theii 
application for a patent, under oath, in manner already set forth herein, which applica- 
2 


rS 


UNITED STATES MINING LAWS 


don, together with the plat and field-notes^ may include, embrace, and describe, in 
addition to the vein qr lode, such non-contiguous mill-site, and after due proceedings 
as to notice, etc., a patent will be issued conveying the same as one claim. 

73. In making the survey in a case of this kind, the lode-claim should be described 
in the plat and field-notes as “ Lot No. 37, A.” and the mill-site as “ I.ot No. 37, B.” 
or whatever may be its appropriate numerical designation; the course and distance from 
a corner of the mill-site to a corner of the lode-claim to be invariably given in such 
plat and field-notes, and a copy of the plat and notice of application for patent must be 
conspicuously posted upon the mill-site as well as upon the vein or lode for the stat¬ 
utory period of sixty days. In making the entry no separate receipt or certificate need 
be issued for the mill-site, but the whole area of both lode and mill-site will be 
embraced in one e^itry, the price being five dollars for each acre and fractional part of 
an acre embraced by such lode and mill-site claim. 

74. In case the owner of a quarto-mill or reduction-works is not the owner or claim¬ 
ant of a vein or lode, the law permits him to make application therefor in the same 
manner prescribed herein for mining-claims; and after due notice and proceedings, in 
the absence of a valid adverse filing, to enter and receive a patent for his mill-site at 
said price per acre. 

75. In every case there must be a satisfactory proof that the land claimed as a mill- 
site is not mineral in character, which proof may, where the matter is unquestioned, 
consist of the sworn statement of the claimant, supported by that of one or more 
disinterested persons capable from acquaintance with the land to testify undei'standingly. 

76. The law expressly limits mill-site locations made from and after its passage to 
Jive acres. 

Proof of Citizenship. 

United States Law.—Sec. 389. Proof of citizenship, under this 
chapter, may consist, in the case of an individual, of his own affidavit 
thereof; in the case of an association of persons unincorporated, of 
the affidavit of their authorized agent, made on his own knowledge, or 
upon information and belief; and in the case of a corporation organ¬ 
ized under the laws of the United States, or of any state or territory 
thereof, by the filing of a certified copy of their charter or certificate 
of incorporation. 

Land Office Regulations.— 78. The proof necessary to establish the citizenship 
of applicants for mining-patents must be made in the following manner: In case of an 
incorporated company, a certified copy of their charter or certificate of incorporation 
must be filed. In case of an association of persons unincorporated, the affidavit of 
their duly authorized agent, made upon his own knowledge, or upon information and 
belief, setting forth the residence of each person forming such association, must be 
submitted. This affidavit must be accompanied by a power of attorney from the parties 
forming such association, authorizing the person who makes the affidavit of citizenship 
to act for them in the matter of their application for patent. 

79. In case of an individual or an association of individuals who do not appear by 
their duly authorized agent, you will require the affidavit of each applicant, showing 
whether he is a native or naturalized citizen, when and where born, and his residence. 

80. In'case an applicant has declared his intention to become a citizen, or has been 
naturalized, his affidavit must show the date, place, and the court before which he 
declared his intention, or from which his certificate of citizenship issued, and present 
re.sidence 


AND REGULATIONS THEREUNDER. 


^9 


8l. The affidavit of citizenship may be taken before the Register and Receiver, oi 
any other officer authorized to administer oaths’within the district. 

Deputy Surveyors—Charges and Fees. 

United States Law.—Sec. 402. The Surveyor-general of the 
United States may appoint in each land district containing mineral 
lands as many competent surveyors as shall apply for appointment to 
survey mining claims. The expenses of the survey of vein or k'de 
claims, and the survey and sub-division of placer claims into smaller 
quantities than one hundred and sixty acres, together with the cost of 
publication of notices, shall be paid by the applicants, and they shall 
be at liberty to obtain the same at the most reasonable rates, and they 
shall also be at liberty to employ any United States deputy-surveyor to 
make the survey. The Commisioner of the General Land Office shall 
also have power to establish the maximum charges for surveys and pub¬ 
lication of notices under this chapter; and, in case of excessive charges 
for publication, he may designate any newspaper published in a land 
district where mines are situated for the publication of mining notices 
in such district, and fix the rates to be charged by such paper; and, to 
the end that the Commissioner may be fully informed on the subject, 
each applicant shall file with the Register a sworn statement of all 
charges and fees paid by such applicant for publication and surveys, 
together with all fees and money paid the Register and the Receiver of 
the land office, which statement shall be transmitted, with the other 
papers in the case, to the Commissioner of the General Land Office. 

Land Office Regulations. —82. Section 2334 [402] provides for the appointmc I 
of surveyors of minei'al claims, authorizes the Commissioner of the General Land Offic 
to establish the rates to be charged for surveys and for newspaper publications, pre¬ 
scribes the fees allowed to the local officers for receiving and acting upon applications 
for mining-patents and for adverse claims thereto, etc. 

83. The surveyors-general of the several districts will, in pursuance of said law, 
appoint in each land district as many competent deputies for the survey of mining-claims 
as may seek such appointment; it being distinctly understood that all expenses of these 
notices and surveys are to be borne by the mining-claimants and not by the United 
States; the system of making deposits for mineral surveys, as required by previous 
instructions, being hereby revoked as regards Jield-wo7'k; the claimant having the 
option of employing any deputy-surveyor within such district to do his work in the field. 

84. With regard to the platting of the claim and other office-zvork in the surveyor- 
general’s office, that officer will make an estimate of the cost thereof, which amount 
the claimant will deposit with any assistant United States Treasurer, or designated 
depository, in favor of .the United States Treasurer, to be passed to the credit of the 
fund created by “ individual depositors for surveys of the public lands,” and file with 
the surveyor-general duplicate certificates of such deposit in the usual manner. 

85. The surveyors-general will endeavor to appoint mineral deputy surveyors so 
that one or more may be located in each mining district for the greater convenience of 
miners. 

86. The usual oaths will be required of these deputies and their assistants as to the 
correctness of each survey executed by them. 

87. The law requires that each applicant shall file with the Register and Receiver a 
sworn statement of all charges and fees paid by him for publication of notice and for 


20 


UNITED STATES MINING I>AWS 


v'urvey; together with all fees and moneys paid the Register and Receiver, which sworn 
. tatement is required to be transmitted to this office, for the information of the Commis- 
s oner. 

88. Should it appear that excessive or exorbitant charges have been made by any 
surveyor or any publisher, prompt action will be taken with the view of correcting the 
abuse. 

89. The fees payable to the Register and Receiver for filing and acting upon applica¬ 
tions for mineral-land patents are five dollars to each officer, to be paid by the applicant 
•for patent at the time of filing, and the like sum of five dollars is payable to each officer 
by an adverse claimant at the time of filing his adverse claim. 

90. All fees or charges under this law may be paid in United States currency. 

91. The Register and Receiver will, at the close of each month, forward to this office 
an abstract of mining applications filed, and a register of receipts, accompanied with an 
abstract of mineral lands sold, and an abstract of adverse claims filed. 

92. The fees and purchase-money received by Registers and Receivers must be placed 
to the credit of the United States in the Receiver’s monthly and quarterly account, 
charging up in the disbursing account the sums to which the Register and Receiver may 
be respectively entitled as fees and commissions, with limitations in regard to the. legal 
maximum. 

Affidavits—Hearings to Establish the Character of Lands. 

United States Law.—Sec. 403. All affidavits required to be made 
under this chapter may be verified before any officer authorized to ad¬ 
minister oaths within the land district where the claims may be situ¬ 
ated, and all testimony and proofs may be taken before any such officer, 
-and, when duly certified by the officer taking the same, shall have the 
same force and effect as if taken before the Register and Receiver of 
the land office. In cases of contest as to the mineral or agricultural 
character of land, the testimony and proofs may be taken as herein 
provided, on personal notice of at least ten days to the opposing party; 
or if such party cannot be found, then by publication of at least once a 
week for thirty days in a newspaper, to be designated by the Register 
of the land office as published nearest to the location of such land; and 
the Register shall require proof that such notice has been given. 

Land Office Regulations. —93. Section 2335 [403] provides that all affidavits 
required under this chapter may be verified before any officer authorized to administer 
oaths within the land-district where the claims may be situated, and all testimony and 
proofs may be taken before any such officer, and when duly certified by the officer 
taking the same, shall have the same force and effect as if taken before the Register and 
Receiver of the land office. 

94. Hearings of this character, as practically distinguished, are of two kinds. 

1st. Where lands which are sought to be entered and patented as agricultural are 
alleged by affidavit to be mineral, or when sought as mineral their non-mineral char¬ 
acter is alleged. 

The proceedings relative to this class are in the nature of a contest between two or 
more known parties, and the testimony may be taken on personal notice of at least ten 
days, duly served on all parties; or, if they cannot be found, then by publication for 
thirty days in a newspaper of general circulation, to be designated by the Register of the 
land office as published nearest to the land in controversy. If publication is made in 
a weekly newspaper, the notice must be inserted in five consecutive weekly issues 
thereof. 


AND REGULATIONS THEREUNDER. 


21 


2d. WTien lands are returned as mineral by the Surveyor-general, or are withdrawn 
as mineral by direction of this ofhce. 

When such lands are sought to be entered as agricultural, notice must be given by 
publication for thirty days, as aforesaid, and also by posting in a conspicuous place on 
each forty-acre subdivision of the land claimed, for the same period. 

95. All notices must describe the land, give the name and address of the claimant, 
the character of his claim, and the time, place, and purpose of the hearing. 

Proof of service of notice, when pemonal, must consist of either acknowledgment of 
service indorsed on the citation (which is always desirable), or the affidavit of the party 
serving the same, giving date, place, and manner of sendee, indorsed as aforesaid. 

Proof of publication must be the affidavit of the publisher of the newspaper, stating 
the period of publication, giving dates, stating whether in a daily or weekly issue; and 
a copy of the notice so published must be attached to, and form a part of, the affidavit. 

Proof of posting on the claim must be made by the affidavits of two or more pemons 
who state when and where the notice was posted; that it rerjiained so posted during the 
prescribed period, giving dates, and a copy of the notice so posted must be attached to, 
and made a part of, the affidavit. 

Proof of notice is indispensable to the regularity of proceedings, and must accompany 
the record in every case. 

The expense of notice must in every case be paid by the parties thereto. 

96. At the hearing there must be filed the affidavit of the publisher of the paper that 
the said notice was published for the required time, stating when and for how long such 
publication was made, a printed copy thereof to be attached and made a part of the 
affidavit. In every case where practicable, in addition to the foregoing, personal notice 
must be served upon the mineral affiants, and upon any parties who may be mining 
upon or claiming the land. 

97. At the hearing, the claimants and witnesses will be thoroughly examined with 
regard to the character of the land; whether the same has been thoroughly prospected; 
whether or not there exists within the tract or tracts claimed any lode or vein of quartz 
or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or other val¬ 
uable deposit which has ever been claimed, located, recorded, or worked; whether 
such work is entirely abandoned, or whether occasionally resumed; if such lode does 
exist, by whom claimed, under what designation, and in which subdivision of the land 
it lies; whether any placer-mine or mines exist upon the land; if so, what is the char 
acter thereof—whether of the shallow-surface description, or of the deep cement, blue 
lead, or gravel deposits; to what extent mining is carried on when water can be 
obtained, and what the facilities are for obtaining water for mining purposes; upon 
what particular ten-acre subdivisions mining has been done, and at what time the land 
was abandoned for mining purposes, if abandoned at all. 

98. The testimony should also show the agricultural capacities of the land, what 
kind of crops are raised thereon, and the value thereof; the number of acres actually 
cultivated for crops of cereals or vegetables, and within which particular ten-acre sub¬ 
divisions such crops are raised; also which of these subdivisions embrace his improve¬ 
ments, giving in detail the extent and value of his improvements, such as house, barn, 
vineyard, orchard, fencing, etc. 

99. It is thought that bona fide settlers upon lands really agricultural will be able to 
show, by a clear, logical, and succinct chain of evidence, that their claims are founded 
upon law and justice; while parties who have made little or no permanent agricultural 
improvements, and who only seek title for speculative purposes, on account of the 
mineral deposits known to themselves to be contained in the land, will be defeated in 
their intentions. 


22 


UNITED STATES MINING LAWS 


100. The testimony should be as full and complete as possible; and, in addition to 
the leading points indicated above, evprything of importance bearing upon the question 
of the character of the land should be elicited at the hearing. 

101. Where the testimony is taken before an officer who does not use a seal, other 
than the Register and Receiver, the official character of such officer must be attested by 
a clerk of a court of record, and the testimony transmitted to the Register and Receiver, 
who will thereupon examine and forward the same to this office, with their joint opinion 
as to the character of the land as shown by the testimony. 

102. When the case comes before this office, such an award of the land will be made 
as the law and the facts may justify; and in cases where a survey is necessary to set 
apart the mineral from the agricultural land in any forty-acre tract, the necessary 
instructions will be issued to enable the agricultural claimant, at his own expense, to 
have the work done, at his option, either by United States deputy, county, or other 
local surveyor; the survey in such case may be executed in such manner as will segre¬ 
gate the portion of land actually containing the mine, and used as surface-ground for 
the convenient working thereof, from the remainder of the tract, which remainder will 
be patented to the agriculturist to whom the same may have been awarded; subject, 
however, to the condition that the land may be entered upon by the proprietor of any 
vein or lode for which a patent has been issued by the United States, for the purpose of 
extracting and removing the ore from the same, where found to penetrate or intersect 
the land so patented as agricultural, as stipulated by the mining act. 

103. wSuch survey when executed must be properly sworn to by the surveyor, either 
before a notary public, officer of a court of record, or before the Register or Receiver, 
the deponent’s character and credibility to be properly cei'tified to by the officer admin¬ 
istering the oath. 

104. Upon the filing of the plat and field-notes of such sun^ey, duly sworn to as 
aforesaid, you will transmit the same to the surveyor-general for his verification and 
approval; who, if he finds the work correctly performed, will properly mark out the 
same upon the original township-plat in his office, and furnish authenticated copies of 
such plat and description both to the proper local land office and to this office, to be 
affixed to the duplicate and triplicate township-plats respectively. 

105. In cases where a portion of a forty-acre tract is awarded to an agricultural 
claimant, and he causes the segregation thereof from the mineral portion, as aforesaid, 
such agricultural portion will not be given a numerical designation as in the case of 

surveyed mineral claims, but will simply be described as the “ Irtactional-quarter 

of the-quarter of section-, in township-, of range-, meridian 

-, containing-acres, the same being exclusive of the land adjudged to be 

mineral in said forty-acre tract.” 

106. The surveyor must correctly compute the area of such agricultural portion, 
which computation will be verified by the surveyor-general. 

107. After the authenticated plat and field-notes of the survey have been received 
from the surveyor-general, this office will issue the necessary order for the entry of the 
land, and in issuing the Receiver’s receipt and Register’s patent certificate you will 
invariably be governed by the description of the land given in the order from this office. 

108. The fees for taking testimony and reducing the same to writing in these cases 
will have to be defrayed by the parties in interest. Where such testimony is taken 
before any other officer than the Register and the Receiver, the Register and Receiver 
will be entitled to no fees. 

109. If, upon a review of the testimony at this office, a ten-acre tract should be found 
to be properly mineral in character, that fact will be no bar to the execution of the set¬ 
tler’s legal right to the remaining non-mineral portion of his claim, if contiguous. 









AND REGULATIONS THEREUNDER. 


23 

no. No fear need be entertained that miners will be permitted to make entries of 
tracts ostensibly as mining-claims, which are not mineral, simply for the purpose of 
obtaining possession and defrauding settlers out of their valuable agricultural improve¬ 
ments; it being almost an impossibility for such a fraud to be coni^mmatcd under the 
laws and regulations applicable to obtaining patents for mining-claims. 

III. The fact that a certain tract of land is decided UDon testimony to be mineral in 
character is by no means enuivalent to an awaid of the land to a miner. A miner is 
compelled by law to give sixty days’ publication of notice, and posting of diagrams and 
notices, as a preliminary step; and then, before he can enter the land, he must show 
that the land yields mineral; that he is entitled to the possessory right thereto in virtue 
of compliance with local customs or rules of miners, or by virtue of the statute of 
limitations; that he or his grantors have expended, in actual labor and improvements, 
an amount of not less than five hundred dollars thereon; and that the claim is one in 
regard to which there is no controversy or opposing claim. After all these proofs are 
met, he is entitled to have a survey made at his own cost where a survey is required, 
after which he can enter and pay for the land embraced by his claim. 

Water Rights. 

United States Law.—Sec. 407. Whenever, by priority of posses¬ 
sion, rights to the use of water for mining, agricultural, manufacturing, 
or other purposes, have vested and accrued, and the same are recog¬ 
nized and acknowledged by the local customs, laws, and the decisions 
of courts, the possessors and owners of such vested rights shall be 
maintained and protected in the same; and the right of way for the 
construction of ditches and canals for the purpose^ herein specified is 
acknowledged and confirmed; but whenever any person, in the con¬ 
struction of any ditch or canal, injures or damages the possession of 
any settler on the public domain, the party committing such injury 01 
damage shall be liable to the party injured for such injury or damage. 

Sec. 408. All patents granted, or pre-emptions or homesteads al¬ 
lowed, shall be subject to any vested and accrued water-rights, or rights 
to ditches and reservoirs used in connection with such water-rights, as 
may have been acquired under or recognized by the preceding section. 

Easements. 

United States Law.—Sec. 406. As a condition of sale, in the 
absence of necessary legislation by Congress, the local legislature of 
any state or territory may provide rules for working mines, involving 
easements, drainage, and other necessary means to their complete de¬ 
velopment; and those conditions shall be fully expressed in the patent. 

Homestead and Pre-emption Claims. 

United States Law.—Sec. 409. Wherever, upon the lands hereto¬ 
fore designated as mineral lands, which have been excluded from 
survey and sale, there have been homesteads made by citizens of the 
United States, or persons who have declared their intention to become 
citizens, which homesteads have been made, improved, and used for 
agricultural purposes, and upon which there have been no valuable 
,mines of gold, silver, cinnabar, or copper discovered, and which are 
properly agricultural lands, the settlers or owners of such homesteads 
shall have a right of pre-emption thereto, and shall be entitled to pur¬ 
chase the same at the price of one dollar and twenty-five cents pei 


UNITED STATES MINING LAWS 


acre, and in quantity not to exceed one hundred and sixty acres; oi 
they may avail themselves of the provisions of chapter eight, relating 
to “Homesteads.” 

Sec. 410. Upon the survey of the lands described in the preceding 
section, the Secretary of the Interior may designate and set apart such 
portions of the same as are clearly agricultural lands, which lands shall 
thereafter be subject to pre-emption and sale as other public lands, and 
be subject to all the laws and regulations applicable to the same. 

Certain States Excepted. 

United States Law.—Sec. 413. The provisions of the preceding 
sections of this chapter shall not apply to the mineral lands situated in 
the States of Michigan, Wisconsin, and Minnesota, which are declared 
free and open to exploration and purchase, according to legal subdivis¬ 
ions, in like manner as before the tenth day of May, eighteen hundred 
and seventy-two. And any bona fide entries of such lands within the 
States named since the tenth day of May, eighteen hundred and 
seventy-two, may be patented without reference to any of the foregoing 
provisions of this chapter. Such lands shall be offered for public sale 
in the same manner, at the same minimum price, and under the same 
rights of pre-emption, as other public lands. 

Sec. 414. Within the States of Missouri and Kansas, deposits of coal, 
iron, lead, or other mineral, are excluded from the operation of the 
preceding sections of this chapter, and all lands in said States shall be 
subject to disposal as agricultural lands. 

Miscellaneous. 

United States Law.—Sec. 412. Nothing contained in this chapter 
shall be construed to impair, in any way, rights or interests in mining 
property acquired under existing laws ; nor to affect the provisions of 
the act entitled “An act granting to A. Sutro the right of way and other 
privileges, to aid in the construction of a draining and exploring tunnel 
to the Comstock lode, in the State of Nevada,” approved July twenty- 
five, eighteen hundred and sixty-six. 

Sec. 415. No act passed at the first session of the Thirty-eighth Con¬ 
gress, granting lands to States or corporations to aid in the construction 
of roads or for other purposes, or to extend the time of grants made 
prior to the thirtieth day of January, eighteen hundred and sixty-five, 
shall be so construed as to embrace mineral lands, which in all cases are 
reserved exclusively to the United States, unless otherwise specially 
provided in the act or acts making the grant; and all mineral lands are 
excepted from the operation and grants of laws heretofore granting 
lands to the State of Colorado. 

Revised Statutes.—Sec. 2343. The President is authorized to estab¬ 
lish additional land districts, and to appoint the necessary officers under 
existing laws, wherever he may deem the same necessary for the public 
convenience in executing the provisions of this chapter. 

Annual Expenditure. 

Act of Congress of January 22, 1880.—An Act to amend sections 
twenty-three hundred and twenty-four and twenty-three hundred an 1 
twenty-five of the Revised Statutes of'the United States concerning 
mineral lands. 


AI^D REGULATIONS THEREUNDER. 


25 

Be it enacted, etc., That section twenty-three hundred and twenty-five 
of the Revised Statutes of the United States be amended by adding 
thereto the following words: '•'■Provided, That where the claimant for 
a patent is not a resident of or within the land district wherein the vein, 
lode, ledge or deposit sought to be patented is located, the application 
for patent and the affidavits required to be made in this section by the 
claimant for such patent may be made by his, her, or its authorized 
agent, where said agent is conversant with the facts sought to be estab¬ 
lished by said affidavits: And provided. That this section shall apply to 
all applications now pending for patents to mineral lands. ’ ’ 

Sec. 2. That section twenty-three hundred and twenty-four of the 
Revised Statutes of the United States be amended by adding the fol¬ 
lowing words: "Provided, That the period within which the work 
required to be done annually on all unpatented mineral claims shall 
commence on the first day of January succeeding the date of location 
of such claim, and this section shall apply to all claims located since 
the tenth day of May, anno Domini eighteen hundred and seventy-two.” 

Land Office Regulations. —The first section of this act has reference only to the 
affidavits mentioned in Section 2325 [393] of the Revised Statutes. It is therefore held 
that it has no reference to the manner of establishing proof of citizenship. An applicant 
for mining patent who resides in the land-district in which the mine is located, if within 
the district at the time the application is made, *inust make the required affidavits. If 
he is not so within the district, the affidavits may be made by a duly-appointed agent 
conversant with the facts. 

It is held, under the second section of the act, that labor performed or money 
expended upon a mining-claim prior to the first day of January succeeding the date of 
location thereof, will not be considered as a part of or aj^plied upon the first annual 
expenditure required by law. Thus, upon a claim located at any time during the year 
1880, the period within which the labor must be performed commences January i, 1881, 
and dtiring the calendar year 1881 the expenditure must be made, or the claim will be 
subject to re-location on and after January i, 1S82. 

In order to apply the law to a claim located prior to the year 1880, it will be ncces 
sar)' to calculate from the date of location. For instance, upon a claim located in 1875, 
the first expenditures would be reckoned as due within one year from January i, 1876, 
to wit: January i, 1877, and annually thereafter by the calendar year. 

Timber Cutting. 

Act of Congress of June 3, 1878.—An Act authorizing the citizens 
of Colorado, Nevada, and the Territories, to fell and remove timber on 
the public domain for mining and domestic purposes. 

Be it enacted, etc., That all citizens of the United States and other 
persons, bona fide residents of the State of Colorado or Nevada, or either 
of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, 
Idaho, or Montana, and all other mineral districts of the United States, 
shall be, and are hereby, authorized and permitted to fell and remove, 
for building, agricultural, mining, or other domestic purposes, any 
timber or other trees growing or being on the public lands, said lands 
being mineral, and not subject to entry under existing laws of the 
United States, except for mineral entry, in either of said States, Terri¬ 
tories, or districts, of which such citizens or persons may be at the time 
bona fide residents, subject to such rules and regulations as the Secretary 


26 


UNITED STATES MINING LAWS 


of the Interior may prescribe for the protection of the timber and of 
the undergrowth growing upon such lands, and for other purposes: 
Provided, The provisions of this act shall not extend to railroad corpo¬ 
rations. 

Sec. 2. That it shall be the duty of the Register and the Receiver of 
any local land office in whose district any mineral Jand may be situated, 
to ascertain from time to time whether any timber is being cut or used 
upon any such lands, except for the purposes authorized by this act, 
within their respective land districts; and, if so, they shall immediately 
notify the Commissioner of the General Land Office of that fact; and 
all necessary expenses incurred in making such proper examinations 
shall be paid and allowed such Register and Receiver in making up 
their next quarterly accounts. 

Sec. 3. Any person or persons who shall violate the provisions of this 
act, or any rules and regulations in pursuance thereof made by the Sec¬ 
retary of the Interior, shall be deemed guilty of a misdemeanor, and, 
upon conviction, shall be fined in any sum not exceeding five hundred 
dollars, and to which may be added imprisonment for any term not 
exceeding six months. 

Timber and Stone. 

Act of Congress of June 3, 1878.— An Act for the sale of timber 
lands in the States of California, Oregon, Nevada, and in Washington 
Territory. 

Be it enacted, etc.. That surveyed public lands of the United States 
within the States of California, Oregon, and Nevada, and in Washington 
territory, not included within military, Indian, or other reservations 
cf the United States, valuable chiefly for timber, but unfit for cultiva¬ 
tion, and which have not been offered at public sale according to law, 
may be sold to citizens of the United States, or persons who have 
declared their intention to become such, in quantities not exceeding 
one hundred and sixty acres to any one person or association of persons, 
at the minimum price of two dollars and fifty cents per acre; and lands 
valuable chiefly for stone may be sold on the same terms as timber 
lands: Provided, That nothing herein contained shall defeat or impair 
any bona fide claim under any law of the United States, or authorize 
the sale of any mining claim, or the improvements of any bona fide 
settler, or lands containing gold, silver, cinnabar, copper, or coal, or 
lands selected by the said States under any law of the United States 
donating lands for internal improvements, education, or other purposes: 
And provided further. That none of the rights conferred by the act 
approved July twenty-sixth, eighteen hundred and sixty-six, entitled 
“An Act granting the right of way to ditch and canal owners over the 
public lands, and for other purposes,” shall be abrogated by this act; 
and all patents granted shall be subject to any vested and accrued water- 
rigiits, or rights to ditches and reservoirs used in connection with such 
water-rights, as may have been acquired under and by the provisions of 
said act; and such rights shall be expressly reserved in any patent issued 
under this act. 

Sec. 2. That any person desiring to avail himself of the provisions 
of this act shall file with the Register of the proper district a written 
statement in duplicate, one of which is to be transmitted to the Gen- 


AND REGULATIONS THEREUNDER, 


27 


eral Land Office, designating by legal subdivisions the particular tract 
of land he desires to purchase, setting forth that the same is unfit for 
cultivation, and valuable chiefly for its timber or stone; that it is un¬ 
inhabited ; contains no mining or other improvements, except for ditch 
or canal purposes, v.ffiere any such do exist, save such as were made by 
or belong to the applicant, nor, as deponent verily believes, any val¬ 
uable deposit of gold, silver, cinnabar, copper, or coal; that deponent 
has made no other application under this act; that he does not apply 
to purchase the same on speculation, but in good faith to appropriate 
it to his own exclusive use and benefit; and that he has not, directly 
or indirectly, made any agreement or contract, in any way or manner, 
with any person or persons whatsoever, by which the title which he 
might acquire from the Government of the United States should inure, 
in whole or in part, to the benefit of any person except himself; which 
statement must be verified by the oath of the applicant before the Reg¬ 
ister or the Receiver of the land office within the district where the 
land is situated; and if any person taking such oath shall swear falsely 
in the premises, he shall be subject to all the pains and penalties of 
perjury, and shall forfeit the money which he may have paid for said 
lands, and all right and title to the same; and any grant or convey¬ 
ance which he may have made, except in the hands of bojia fide pur¬ 
chasers, shall be null and void. 

Sec. 3. That upon the filing of said statement, as provided in the 
second section of this act, the Register of the land office shall post a 
notice of such application, embracing a description of the land by legal 
subdivisions, in his office, for a period of sixty days, and shall furnish 
the applicant a copy of the same for publication, at the expense of such 
applicant, in a newspaper published nearest the location of the premises, 
for a like period of time; and after the expiration of said sixty days, if 
no adverse claim shall have been filed, the person desiring to purchase 
shall furnish to the Register of the land office satisfactory evidence, 
first, that said notice of the application prepared by the Register as 
aforesaid was duly published in a newspaper as herein required; sec¬ 
ondly, that the land is of the character contemplated in this act, unoc¬ 
cupied and without improvements, other than those excepted, either 
mining or agricultural, and that it apparently contains no valuable 
deposits of gold, silver, cinnabar, copper, or coal; and upon payment 
to the proper officer of the purchase-money of said land, together with 
the fees of the Register and the Receiver, as provided for in case of 
mining claims in the twelfth section of the act approved May tenth, 
eighteen hundred and seventy-two, the applicant may be permitted to 
enter said tract, and, on the transmission to the General Land Office of 
the papers and testimony in the case, a patent shall issue thereon : 
Provided, That any person having a valid claim to any portion of the 
land may object, in writing, to the issuance of a patent to lands so held 
by him, stating the nature of his claim thereto; and evidence shall be 
taken, and the merits of said objection shall be determined by the 
officers of the land office, subject to appeal, as in other land cases. 
Effect shall be given to the foregoing provisions of this act by regula¬ 
tions to be prescribed by the Commissioner of the General Land Office. 

Sec. 6 . That all acts and parts of acts inconsistent with the provis¬ 
ions of this act are hereby repealed. 


20 


UNITED STATES MINING LAWS 


Land Office Regulations. —The first, second, and third sections provide for the 
sale of surveyed lands in California, Oregon, Nevada, and in Washington Territory, not 
yet proclaimed and offered at public sale, valuable chiefly for timber and stone, unfit for 
cultivation, and consequently for disposal under the pre-emption and homestead laws. 
When a party applies to purchase a tract thereunder, the Register and Receiver will 
require him to make affidavit that he is a citizen of the United States by birth or natur¬ 
alization, or that he has declared his intention to become a citizen under the naturaliza¬ 
tion laws. If native born, parol evidence of that fact will be received; if not native 
born, record evidence of the prescribed qualification must be furnished. In connection 
therewith, he will be required to make the sworn statement in duplicate, according to 
the attached form, as provided for in the second section of the act. One of the dupli¬ 
cate statements filed in each is by the act required to be transmitted to this office, and 
the Registers and Receivers v/iil accordingly send up with their monthly returns the 
duplicate statements to be transmitted for the month. 

The evidence in regard to the publication of notice required to be furnished, in the 
third section of the act, must consist of the affidavit of the publisher or other person 
having charge of the newspaper in which the notice is published, with a copy of the 
notice attached thereto, setting forth the nature of his connection with the paper, and 
that the notice was duly published for the prescribed period. The evidence required 
in the same section with rec^ard to the non-mineral character of the land, and its unoc- 
cupied and unimproved condition, must consist of the testimony of at least two disinter¬ 
ested witnesses, to the effect that they know the facts to which they testify from personal 
inspection of the land and of each of its smallest legal subdivisions, as per form 
attached. This testimony may be taken before the Register or Receiver, or any officer 
using an official seal and authorized to administer oaths in the land district in which the 
land lies. Upon such proof being produced, if no adverse claim shall have been filed, 
the entry applied for may be allowed in pursuance of the provisions of the act. The 
Receiver will issue his receipt for the purchase-money, and the Register his certificate 
of purchase, numbering the entry in the regular cash series. The Register and Re¬ 
ceiver will enter the sale on their books, and make the usual returns therefor to this 
office, noting on the monthly extracts, opposite the entry, and on the entry papers, a 
reference to the act of Congress under which allowed. They will forward all the 
papers in the case with their returns to this office, except the retained duplicate state¬ 
ment filed under the second section of the act, to which the Register will give the same 
number with the other papers for the entry, and retain it on the appropriate file with 
the former application in his office. 

The Register and Receiver will be entitled to a fee of five dollars each for allowing 
an entry under said,act, and jointly at the rate of twenty-two cents and a half per hun¬ 
dred words for testimony reduced by them to writing for claimants, which will be 
accounted for as other fees. 

If, at the expiration of the sixty days’ notice j^rovided for in the third section of the 
act, an adverse claim should be found to exist calling for an investigation, the Register 
and Receiver will allow the parties a hearing according to the rules of practice. 

In case of an association of persons making application for such an entry, each of 
the persons must prove the requisite qualifications, and their names must appear in and 
be subscribed to the sworn statement, as in case of an individual person. They must 
also unite in the regular application for entiy, which will be made in their joint names 
as in other cases of joint cash entry. The forms prescribed for cases of applications by 
individual persons may be adapted for use in applications of this class. 


AND REGULATIONS THEREUNDER. 


29 


Salt and Saline Lands. 

Act of Congress of'January 12, 1877.—An Act providing for the 
sale of saline lands. 

Be it enacted, etc., That whenever it shall be made appear to the 
Register and the Receiver of any land office of the United States that 
any lands within their district are saline in character, it shall be the duty 
of said Register and said Receiver, under the regulation of the General 
Land Office, to take testimony in reference to such lands to ascertain 
their true character, and to report the same to the General Land Office; 
and if, upon such testimony, the Commissioner of the General Land 
Office shall find that such lands are saline and incapable of being pur¬ 
chased under any of the laws of the United States relative to the public 
domain, then, and in such case, such lands shall be offered for sale by 
public auction at the local land office of the district in which the same 
shall be situated, under such regulations as shall be prescribed by the 
Commissioner of the General Land Office, and sold to the highest bid¬ 
der for cash at a price not less than one dollar and twenty-five cents per 
acre; and in case said lands fail to sell when so offered, then the same 
shall be subject to private sale, at such land office, for cash, at a price 
not less than one dollar and twenty-five cents per acre, in the same 
manner as other lands of the United States are sold : Provided, That 
the foregoing enactments shall not apply to any State or Territory which 
has not had a grant of salines by act of Congress, nor to any State 
which may have had such a grant, until either the grant has been fully 
satisfied, or the right of selection thereunder has expired by efflux of 
time. But nothing in this act shall authorize the sale or conveyance of 
any title other than such as the United States has, and the patents issued 
shall be in the form of a release and quit-claim of all title of the United 
States in such lands. 

Sec. 2. That all executive proclamations relating to the sales of pub¬ 
lic lands shall be published in only one newspaper, the same to be 
printed and published in the State or Territory where the lands are 
situated, and to be designated by the Secretary of the Interior. 

I.AND Office Regulations.-— The act provides a mode of proceeding by which 
public lands indicated by the. field-notes of survey, or otherwise, to be saline in cha 7 'ac- 
ter may be rendered subject to disposal. 

Should pruna facie evidence that certain tracts are saline in character be filed with 
the Register and Receiver of the proper land district, they will designate a time for a 
hearing at their office, and give notice to all parties in interest in order that they may 
have ample opportunity to be present with their witnesses. 

At the hearing the witnesses will be thoroughly examined with regard to the true 
character of the land, and whether the same contains any known mines of gold, silver, 
cinnabar, lead, tin, copper, or other valuable mineral deposit, or any deposit of coal. 

The witnesses will also be examined in regard to the extent of the saline deposits 
upon the given tracts, and whether the same are claimed by any person; if so, the 
names of the claimants, and the extent of their improvements must be shown. 

The testimony should also show the agricultural capacities of the land, what kind of 
crops, if any, have been raised thereon, and the value thereof. The testimony should 
be as full and complete as possible, and, in addition to the leading points indicated 
above, everything of importance bearing upon the question of the character of the land 
should be elicited at the hearing. 


30 


UNITED STATES MINING LAWS 


The Register and Receiver will transmit the testimony to this office with their joint 
opinion thereon. When the case comes before this office, such a decision will be ren¬ 
dered in regard to the character of the land as the law and the facts may warrant. 

Should the given tracts be adjudged agricultural, they will be subject to disposal as 
such. Should the tracts be adjudged saline lands, the Register and Receiver will be 
instructed to offer the same for sale, after public notice, at the local land office of the 
district in which the same shall be situated, and to sell said tract or tracts to the highest 
bidder for cash, at a price of not less than $1.25 per acre. 

In case said lands fail to sell when so offered, the same will be subject to private sale 
at such land office for, cash, at a price of not less than $1.25 per acre, in the same 
manner as other public lands are sold. 

The provisions of this act do not apply to any lands within the Territories, nor to 
any within the States of Mississippi, Louisiana, Florida, California, and Nevada, none 
of which have had a grant of salines by act of Congress. 

Coal Lands. 

United States Revised Statutes.—Sec. 2347. Every person above 
the age of twenty-one years, who is a citizen of the United States, or 
who has declared his intention to become such, or any association of 
persons severally, qualified as above, shall, upon application to the Reg¬ 
ister of the proper land office, have the right to enter by legal subdivis¬ 
ions any quantity of vacant coal lands of the United States not otherwise 
appropriated or reserved by competent authority, not exceeding one 
hundred and sixty acres to such individual person, or three hundred 
and twenty acres to such association, upon payment to the Receiver of 
not less than ten dollars per acre, for such lands where the same shall 
be situated more than fifteen miles from any completed railroad, and 
not less than twenty dollars per acre for such lands as shall be within 
fifteen miles of such road. 

Sec. 2348. Any person or association of persons severally qualified as 
above provided, who have opened and improved, or shall hereafter open 
and improve any coal mine or mines upon the public lands, and shall be 
in actual possession of the same, shall be entitled to a preference-right 
of entry under the preceding section, of the mines so opened and im¬ 
proved : Provided, That when any association of not less than four 
persons, severally qualified as above provided, shall have expended not 
less than five thousand dollars in working and improving any such mine 
or mines, such association may enter not exceeding six hundred and 
forty acres, including such mining improvements. 

Sec. 2349. All claims under the preceding section must be presented 
to the Register of the proper land district within sixty days after the 
date of actual possession and the commencement of improvements on 
the land, by the filing of a declaratory statement therefor; but when 
the township plat is not on file at the date of such improvement, filing 
must be made within sixty days from the receipt of such plat at the dis¬ 
trict office, and where the improvements shall have been made prior to 
the expiration of three months from the third day of March, eighteen 
hundred and seventy-three, sixty days from the expiration of such three 
months shall be allowed for the filing of a declaratory statement, and no 
sale under the provisions of this section shall be allowed until the ex¬ 
piration of six months from the third day of March, eighteen hundred 
and seventy-three. 


AND REGULATIONS THEREUNDER. 


3^ 


Sec. 2350. The three preceding sections shall be held to authorize 
only one entry by the same person or association of persons; and no 
association of persons, any member of which shall have taken the benefit 
of such sections, either as an individual or as a member of any other 
association, shall enter or hold any other lands under the provisions 
thereof;* and no member of any association which shall have taken the 
benefit of such section shall enter or hold any other lands under theii 
provisions; and all persons claiming under section twenty-three hundred 
and forty-eight shall be required to prove their respective rights and pay 
for the lands filed upon within one.year from the time prescribed for 
filing their respective claims; and upon failure to file the proper notice 
or to pay for the land within the required period, the same shall be 
subject to entry by any other qualified applicant. 

Sec. 2351. In case of conflicting claims upon coal lands where the 
improvements shall be commenced after the third day of March, eighteen 
hundred and seventy-three, priority of possession and improvement, 
followed by proper filing and continued good faith, shall determine the 
preference-right to purchase. And also where improvements have 
already been made prior to the third day of March, eighteen hundred 
and seventy-three, division of the land claimed may be made by legal 
subdivisions, to include as near as may be the valuable improvements of 
the respective parties. The Commissioner of the General Land Office 
is authorized to issue all needful rules and regulations for carrying into 
effect the provisions of this and the four preceding sections. 

Registers’ and Receivers’ Fees and Commissions. 

United States Revised Statutes.—Sec. 2238. Registers and Re¬ 
ceivers, in addition to their salaries, shall be allowed each the following 
fees and commissions, namely : 

1. A fee of one dollar for each declaratory statement filed and for 
services in acting on pre-emption claims. 

2. A commission of one per centum on all moneys received at each 
Receiver’s office. 

3. A commission to be paid by the homestead applicant, at the time 
of entry, of one per centum on the cash price, as fixed by law, of the 
land applied for; and a like commission when the claim is finally estab 
lished, and the certificate therefor issued as the basis of a patent. 

4. The same-commission on lands entered under any law to encour¬ 
age the growth of timber on western prairies, as allowed when the like 
quantity of land is entered with money. 

5. For locating military bounty-land warrants, issued since the 
eleventh day of February, eighteen hundred and forty-seven, and for 
locating agricultural-college land-scrip, the same commission, to be paid 
by the holder or assignee of each warrant or scrip, as is allowed for 
sales of the public lands for cash, at the rate of one dollar and twenty- 
five cents per acre. 

6. A fee, in donation cases, of five dollars for each final certificate for 
one hundred and sixty acres of land, ten dollars for three hundred and 
twenty acres, and fifteen dollars for six hundred and forty acres. 

7. In the location of lands by States and corporations under grants 
from Congress for railroads and other purposes (except for agricultural 
colleges), a fee of one dollar for each final location of one hundred 


32 


UNITED STATES MINING LAWS 


and sixty acres; to be paid by the State or corporation making such 
location, 

1 8. A fee of five dollars per diem for superintending public land sales 
a their respective offices; and, to each Receiver, mileage in going to 
and returning from depositing the public moneys received by him. 

9. A fee of five dollars for filing and acting upon each application for 
jjatent or adverse claim filed for mineral lands, to be paid by the respect¬ 
ive parties. 

TO. Registers and Receivers are allowed, jointly, at the rate of fifteen 
cents per hundred words for testimony reduced by them to writing for 
claimants, in establishing pre-emption and homestead rights. 

11. A like fee is provided in the preceding subdivision, when such 
writing is done in the land office, in establishing claims for mineral 
lands. 

12. Registers and Receivers in California, Oregon, Washington, 
Nevada, Colorado, Idaho, New Mexico, Arizona, Utah, Wyoming, and 
Montana, are each entitled to collect and receive fifty per centum on 
the fees and commissions provided for in the first, third, and tenth 
subdivisions of this section. 

Lands not Subject to Pre-emption. 

Sec. 2258. The following classes of lands, unless otherwise specially 
provided for by law, shall not be subject to the rights of pre-emption, 
to wit: 

1. Lands included in any reserv^ation by any treaty, law, or proclam¬ 
ation of the President, for any purpose. 

2. Lands included within the limits of any incorporated town, 01 
selected as the site of a city or town. 

3. Lands actually settled and occupied for purposes of trade and bus¬ 
iness, and not for agriculture. 

4. Lands on which are situated any known salines or mines. 

Title to Town-Lots Subject to Mineral Rights. 

Sec. 2386. Where mineral veins are possessed, which possession is 
recognized by local authority, and to the extent so possessed and recog¬ 
nized, the title to town-lots to be acquired shall be subject to such recog¬ 
nized possession and the necessary use thereof; but nothing contained 
in this section shall be so construed as to recognize any color of title in 
possessors for mining purposes, as against the United States. 

Suits at Law. 

Act of Congress of March 3, 1881.—An Act to amend section 
twenty-three hundred and twenty-six of the Revised Statutes, relating 
to suits at law affecting the title to mining claims. 

Be it enacted^ etc., That if, in any action brought pursuant to section 
twenty-three hundred and twenty-six of the Revised Statutes, title to 
the ground in controversy shall not be established by either party, the 
jury shall so find, and judgment shall be entered according to the 
verdict. In such case costs shall not be allowed to either party, and 
the claimant shall not proceed in the land office, nor be entitled to a 
patent for the ground in controversy, until he shall have perfected his 
title. 


AND REGULATIONS THEREUNDER. 


33 


Perjury—Penalty Therefor. 

5392* Every person who, having taken an oath before a com¬ 
petent tribunal, officer, or person, in any case in which a law of the 
United States authorizes an oath to be administered, that he will testify, 
declare, depose, or certify truly, or that any written testimony, declara¬ 
tion, deposition,* or certificate by him subscribed is true, willfully and 
contrary to such oath states or subscribes any material matter wnich he 
does not believe to be true, is guilty of perjury, and shall be punished 
by a fine of not more than two thousand dollars, and by imprisonment, 
at hard labor not more than five years, and shall, moreover, thereafter, 
be incapable of giving testimony in any court of the United States 
until such time as the judgment against him is reversed. 

Agent—Adverse Claim—Citizenship of Applicant. 

Act of Congress of April 26, 1882.— An Act^ to amend section 
twenty-three hundred and twenty-six of the Revised 'Statutes, in regard 
to mineral lands, and for other purposes. ’ 

Be it enacted, etc., That the adverse claim required by section twenty- 
three hundred and twenty-six of the Revised Statutes may be verified by 
the oath of any duly authorized agent or attorney-in-fact of the adverse 
claimant, cognizant of the facts stated, and the adverse claimant, if 
residing or at the time being beyond the limits of the district wherein 
the claim is situated, may make oath to the adverse claim before the 
clerk of any court of record of the United States or of the State or 
Territory where the adverse claimant may then be, or before any notary 
public of such State or Territory. 

Sec. 2. That applicants for mineral patents, if residing beyond the 
limits of the district wherein the claim is situated, may make any oath 
or affidavit required for proof of citizenship before the clerk of any court 
of record, or before any notary public of any State or Territory. Ap¬ 
proved, April 26, 1882. 

The above law modifies the rulings on page 38 (Nos. 28, 30, 31) as to adverse 
claims—also the instructions on page 25, and the ruling on page 47 (No. 6), touching 
proof of citizenship of applicants for patent. 

Land Office Regulations. —It will be observed that the act is not retroactive, and 
hence cannot affect proceedings had prior to its approval; where citizenship, however, 
has not been proven, it may be established as provided by section 2 of this act. 

Where an agent or attorney in fact verifies the adverse claim, he must distinctly 
swear that he is such agent or attorney, and accompany his affidavit by proof thereof. 

The agent or attorney in fact must make the affidavit in verification of the adverse 
claim within the land-district where the claim is situated. Circular of May 9, 1882. 

Application for Patent for Placer Claims. 

Land Office Regulations. — i. The first care in recognizing an application for 
patent upon a placer claim must be exercised in determining the exact classification 
of the lands. iTo this end the clearest evidence of which the case is capable should be 
presented. If the claim be all placer ground that fact must be stated in the applica¬ 
tion and corroborated by accompanying proofs. If of mixed placers and lodes it should 
be so set out, with a description of all known lodes situated within the boundaries of 
the claim. A specific declaration, such as is required by section 2333, Revised Stat¬ 
utes, must be furnished as to each lode intended to be claimed. All other known 
lodes are, by the silence of the applicant, excluded by law from all claim by him, of 
whatsoever nature, possessory or otherwise. 

2. Section 2395, Revised Statutes (‘subdivision 7), requires the surveyor to “note in 

3 


UNITED STATES MINING LAWS 


34 

his field books the true situation of all mines, salt licks, salt springs, and mill seats which 
come to his knowledge;” also “all water-courses over which the lines he runs may 
pass,” It further requires him to “note the quality of the lands. ’ 1 hese desciiptive 

notes are required by subdivision 8 to be incorporated in the plat by the surveyoi gen¬ 
eral. 

3. If these duties have been performed, the surveys will furnish a reasonable guide 
to the district officers and to claimants in prosecuting their applications. But experi¬ 
ence has shown that great neglect has resulted from inattention to the law in this re¬ 
spect, and the regular plats are of very little value in the matter. It will, therefore, 
be required in the future that deputy surveyors shall, at the expense of the parties, make 
full examination of all placer claims, and duly note the fact as specified in the law, 
stating the quality and composition of the soil, the kind and amount of timber and other 
vegetation, the locus and size of streams, and such other matters as may appear upon 
the surface of the claims. This examination should include the character and extent 
of all surface and underground workings, whether placer or lode, for mining purposes. 

4. In addition to these data, which the law requires to be shown in all cases, the 
deputy should report with reference to the proximity of centres of trade or residence ; 
also of well-known systems of lode deposit or of individual lodes. He should also re¬ 
port as to the use or adaptability of the claim for placer mining; whether water has 
been brought upon it in sufficient quantity to mine the same, or whether it can be pro¬ 
cured for that purpose ; and finally what vvorks or expenditures have been made by 
the claimant or his grantors for the development of the claim, and their situation and 
location with respect to the same as applied for. 

5. This examination should be reported by the deputy under oath to the surveyor 
general, and duly corroborated; and a copy of the same should be furnished with the 
application for patent to the claim, constituting a part thereof, and included in the oath 
of the applicant. 

6. In case of a proposed claim for lands not yet surveyed, the foregoing regulations 
will govern the application for survey. 

7. In controversies hereafter to be determined respecting the mineral value of lands, 
their value for ail purposes, whether agricultural or municipal, or as seats for towns, 
will be considered, without reference to the decisions heretofore made in particular cases. 
No decision finally executed, however, will be reconsidered under this modification. 

8. No application by an association of persons for patent to a placer claim will be al¬ 
lowed to embrace more than one hundred and sixty acres, nor will any application be 
entertained that embrac<!s more than one location. (See amended paragraph below.— 
Editor.) 

9. Applications awaiting entry, whether published or not, must be made to conform 
to these regulations, both with respect to amount of ground and examination as to the 
character of the land. Entries already made will be suspended for examination by the 
Commissioner, and such additional proofs as may be deemed necessary in each case 
will be demanded. Circular of Sept. 22, 1882. 

8, No application by an association of persons for patent to a placer claim will be 
allowed to embrace more than one hundred and sixty acres; and not less than five hun¬ 
dred dollars’ worth of work must be shown to have been expended upon or for the ben¬ 
efit of each separate location embraced in such application. If an individual becomes 
the purchaser and possessor of several separate claims of twenty acres each, or less, he 
may be permitted to incluile in his application for patent any number of such claims 
. mtiguous to each other, not exceeding in the aggregate one hundred and sixty acres; 


AND REGULATIONS THEREUNDER. 


35 


but upon or for the benefit of each original claim or location so embraced, he or his 
grantors must have expended the sum of five hundred dollars in improvements. Cir¬ 
cular of Dec. 9. 1882. [By letter of January 30, 1883 (10 Land Owner, 210), Secre¬ 
tary Teller ordered that circulars of September 22, and Dec. 9, 1882, should not apply 
to deposits of borax,soda, sulphur, aluinn and asphalt. These deposits can be entered 
under former instructions.— Editor.] 

Additional Rules. 

Land Office Regulations. —No application will be received, or entry allowed, 
which embraces more than one lode location. 

2. A party who is not an applicant for patent under section 2325, Revised Statutes, 
or the assignee of such applicant, is not entitled to make entry under said section, and 
in no case will the name of such party be inserted in the certificate of entry. This 
regulation has no reference to proceedings under section 2326. 

3. Any party applying to make entry as trustee must disclose fully the nature of the 
trust and the name of the cestui que trust; and such trustee, as well as the beneficia¬ 
ries, must furnish satisfactory proof of citizenship, and the names of the beneficiaries, as 
well as that of the trustee, must be inserted in the final certificate of entry. 

4. Where an adverse claim has been filed and suit thereon commenced within the 
statutory period, and final judgment determining the right of possession rendered in 
favor of the applicant, it will not be sufficient for him to file with the Register a certifi¬ 
cate of the clerk of the court, setting forth the facts as to such judgment, but he must, 
before he is allowed to make entry, file a certified copy of the judgment, together with 
the other evidence required by section 2326, Revised Statutes. 

5. Where such suit has been dismissed, a certificate of the clerk of the court to that 
effect, or a certified copy of the order of dismissal, will be sufficient. 

6. In no case will a relinquishment of the ground in controversy, or other proof, filed 
with the Register or Receiver, be accepted in lieu of the evidence required in para¬ 
graphs 4 and 5. 

7. Where an adverse claim has been filed, but no suit commenced against the appli¬ 
cant for patent within the statutory period, a certificate to that effect-by the clerk of the 
state court having jurisdiction in the case, and also by the clerk of the circuit court of 
the United States for the district in which the claim is situated, will be required. 

8. Possessory title to a lode claim held and worked for a period equal to the time 
prescribed by the statute of limitations for mining claims of the State or Territory 
where the same may be situated, may, in the absence of any adverse claim, be estab¬ 
lished in the same manner as now allowed in placer claims, and indicated generally in 
paragraphs 67, 68, and 69 of the circular hereby amended. 

9. No entry will be allowed until the Register has satisfied hhnself by a careful ex¬ 
amination, that proper proofs have been filed upon all the points indicated in official 
regulations in force, and that they show a sufficient bona fide compliance with the laws 
and such regulations. A strict observance of this regulation will be required. Circu¬ 
lar of June 8, 1883. 


V. 




V 



■|3 ' 


t'' 
''' 




> , L 


» .i > • 


r* 



yV' 


I 4 


- 44 - 





* I 





• ■r > 


V ' 


ir / 


) 


'K ' • 



\ 



I 


), 


> 


t 

I 


' < 

< 1 .' 




ij 


' '-j'' i ' * '^1 1 ' I ^' i -; 


✓ .♦ 


< 


, < 


f 





; 


s- .•■■' 


' ' t ^ I '• 



PRACTICAL FORMS 


a. FORMS. 

FORM 1. 

Notice of Location. 

Notice is hereby given that the undersigned, having complied with the requirements 
of Chapter Six of Title Thirty-two of the Revised Statutes of the United States, and the 

local customs, laws and regulations, has located--linear feet on the-lode 

[twenty acres of placer mining ground], situated in - Mining District,- 

County,-, and described as follows: 

\^Describe the claim accurately [by courses and distances^ if possible^ with reference 
to some natural object or permanent 7nonumenty and mark the boundaries by suitable 
monuments; if a placer claim is located on surveyed land, describe the legal sttb- 
division.'\ 

Discovered-, 188-, -, Locator. 

Located-, 188-. Recorded-, 188-. 

Attest; 


Notb. —Record of location notices, in absence of a District Recorder, should be made with the 
proper recorder of deeds for the county wherein the claim is situated. It is advisable to have these 
notices attested by witnesses, for locators cannot be too careful about their evidence. 

In re-locations to increase width of surface ground under the local law, or to more particularly ident¬ 
ify or describe the claim, use the above form, but state after the description that it is a re-location, and 
in addition, where the original location is recorded, in order that the title may revert back to the 
original discovery. 

In locations of abandoned mines, the fact that it is such a location should be stated, and the affidavits 
of two or more respectable parties that such mine was abandoned and subject to re-location, should be 
recorded with the location notice. 

Where the location is by agent, that fact should be stated after the name of the locator, thus: By 
Thomas Jones, agent (or attorney). 

FORM 2. 

Proof of Labor. 

- of -, County of -, ss. 

Before me the subscriber personally appeared -, who being duly sworn says 

that at least -dollars’ worth of labor or improvements were performed or made 

upon [here describe claim], situated in-mining district,-county,- 

>t-, during the year ending-, 188-. Such expenditure was made by or at 

37 

























FORMS. 


3S 


the expense of-, owners of said claim, for the purpose of holding said 

claim. 

[Jurat.] -(Signature). 

Mote. —The record of an affidavit like the above is prima /acie evidence of the performance of such 
labor. 

FORM 3. 

Notice of Forefeiture. 

-County,-, 188-. 

To—(names of all parties who fiave record title to any portion of the mine). You 

are hereby notified that I have expended - dollars in labor and improvements 

upon the-lode (describe the claim), as will appear by certificate filed -, 

188-, in the office of the Recorder of said county (or district), in order to hold said 
premises under the provisions of section 2324 Revised Statutes of the United States, 

being the amount required to hold the same for the year ending-, 188-. And if 

within ninety days from the service of this notice (or within ninety days after this notice 
by publication), you fail or refuse to contribute your proportion of such expenditure as 
a co-owner, your interest in said claim will become the property of the subscriber under 

«• 

said section 2324. 

-(Signature). 


Note. —At the expiration of 180 days, this notice should be recorded with the affidavit of the news¬ 
paper publisher (see Form 13). that the same was published for the period of ninety days, together 
with the affidavit (Form 4) of the party signing the notice to the effect that one or more of the co¬ 
owners named in the published notice have not paid their share of the expenditure. This completes 
the record title. 

FORM 4. 

Affidavit of Failure to Contribute. 

- of -—, County of -, ss. 

-, being duly sworn, deposes and says that for the year ending-, 

1S8-, he expended at least-dollars in labor and improvements upon the- 

lode [or-placer claim] (here describe 'the claim), to hold the same under the 

laws of the United States and of this- (district. Territory or State,): that due 

notice thereof wds personally served upon-, co-owners, on the-day 

of -, 188-, (or was duly published in the-, as appears from the 

affidavit of the publisher tliereof): and that-(of the said) co-owners have 

failed or refused to contribute their share of said expenditures within the time required 
by law. 

Subscribed and sworn to before me this-day of-, 188-. 


FORM 5. 

Miner’s Lien. 

Know all Men by these Presents, That I, - , of the county of -, 

-of-, do hereby give notice of my intention to hold and claim a lien, by 

virtue of the statute in such case made and provided, upon- (describe premises), 

with all improvements and appurtenances, situated in-- Mining District, County 

of-,-of-. 

The said lien being claimed and held for and on account of work and labor done by 

me as - for -, owner of said premises in and upon said premises, from the 

-day of-, A. D. 188-, to the-day of-, A. D. 188-. 

The total value of the said work and labor being-dollars, upon which there 

has been paid the sum of-dollars, leaving a balance of-dollars still due, 

owing and unpaid to me, the said claimant. • 


(Signature). 



























































FORMS. 


39 


- of -, County of -, ss. 

On this-day of-, A, D. 188-, personally appeared before me the above 

named-, and who being by me first duly sworn, on-oath states that the 

abstract of indebtedness mentioned and described in the foregoing notice, is true and 

correct, and that there is still due and owing to-from the said-, for the 

-aforesaid, the sum of-dollars and-cents. 

-(Signature). 

Subscribed and sworn to before me this- day of-, A. D, 188-. 

(Official signature). 

Note. —For materials insert “ goods furnished and delivered to owners of said premises, for use on 
said premises, and which were used on said premises.” Below, substitute ” materials furnished, to 
wit: Powder, lumber, etc,, as per bill annexed ” in place of” work and labor.” 


FORM 6. 


Application for Survey. 


, 188-. 


To -, United States Surveyor- General for -.• 

Sir —In compliance with the provisions of Chapter Six of Title Thirty-two, Revised^ 
Statutes of the United States,-herewith make application for an official survey of 


the mining claim known as the -mine, claimed by-, located in - 

Mining District, in the County of -, Township No.-, Range No.-, 

-base and meridian, in the-of -, and-request that you will 


send to-address an estimate of the amount to be deposited, for the work to be 

done in your office; and that after such deposit shall have been made, you will cause 

the said mining claim to be surveyed by-, United States Deputy Surveyor a" 

-. Respectfully, 


-, Claimant. 

±^. O. Address,-,-county,-. 


Note.—S urv'cy is not required when placer-claims embrace legal subdivisions. 


FORM 7. 

Application for Patent. 

-, County of -, ss. 

APPLICATION FOR PATENT FOR THE-MINING CLAIM. 

To the Register and Receiver of the U. S. Land Office at -. 

-, being duly sworn according to law, deposes and says, that in virtue of a 

compliance with the mining rules, regulations and customs, by himself, the said-, 

and his co-claimants (residence of each should be stated),-applicants for patent 

herein ha— become the owner of and-in the actual, quiet and undisturbed pos¬ 
session of -linear feet of the-vein, lode or deposit, bearing-, to¬ 
gether with surface ground-feet in width, for the convenient working thereof, as 

allowed by local rules and customs of miners; said mineral claim, vein, lode or deposit 

and surface ground being situated in the-mining district, county of-, and 

_of-, and being more particularly set forth and described in the official 

field notes of survey thereof, hereto attached, dated-day of-, A. D. 188—, 

and in the official plat of said survey, now posted conspicuously upon said mining claim 
or premises, a copy of which is filed herewith. Deponent further states that the facts 
relative to the right of possession of himself (and his said co-claimants hereinbefore 
named) to said mining claim, vein, lode or deposit and surface ground, so surveyed and 
platted, are substantially as follows, to wit; 





























































40 


FORMAS. 


( Trace the history of the lode fully?) 

Which will more fully appear by reference to the copy of the original rect)rd of location 
and the abstract of title hereto attached and made a part of this affidavit; the value of 

the labor done and improvements made upon said- claim, by himself and his 

grantors, being equal to the sum of five hundred dollars, and said imjirovements consist 
of [describe fully). In consideration of which facts, and in conformity with the pro¬ 
visions of Chapter Six of Title Thirty-two of the Revised Statutes of the United States, 
application is hereby made for and in behalf of said-for a patent from the Gov¬ 
ernment of the United States for the said -mining claim, vein, lode, deposit, and 

the surface ground so officially surveyed and platted. 

Subscribed and sworn to before me this-day of-, A. D. 188-, and I 

hereby certify that I consider the above deponent a credible and reliable person, and 

that the foregoing affidavit, to which was attached the field notes of survey of the- 

mining claim, was read and examined by him before his signature was affixed thereto 
and the oath made by him. 

(Official Signature.) 

• Note. —The above is slightly changed in applying for placer-mines. 

FORM 8. 

Proof of Posting Notice and Diagram on the Claim. 

- of -, County of -, ss. 

-and-, each for liimself, and not one for the other, being first duly 

sworn according to law, deposes and says, that he is a citizen of the United States, over 

the age of twenty-one years, and was present on the-day of-, A. D. 188-, 

when a plat representing the-, and certified to as correct by the United States 

Surveyor-General of-, and designated by him as lot No. -, together with a 

notice of the intention of-and '-to apply for a patent for the mining claim 

and premises so platted, was posted in a conspicuous place upon said mining claim, to 

wit: Upon -, where the same could be easily seen and examined; the notice so 

conspicuously posted upon said claim being in words and figures as follows, to wit: 

NOTICE OF THE APPLICATION OF —— AND - FOR A UNITED STATES PATENT. 

Notice is hereby given that in pursuance of Chapter Six of Title Thirty-two of the 

Revised Statutes of the United States,-and -, claiming-linear feet 

of the-vein, lode or mineral deposit, bearing-, with surface ground- 

feet in wddth, lying and being situated within the - mining district, county of 

-, and-of-, ha- made application to the United States for a patent 

for the said mining claim, which is more fully described as to metes and bounds by the 
official plat herewith posted and by the field notes of survey thereof, now filed in the 

office of the Register of the District of Lands, subject to sale at-, wdiich field 

notes of survey describe the boundaries and extent of said claim on the surface, with 
magnetic variation at-east, as follows, to wdt; 

[Ftcll description by courses qnd distances.') 

the said mining claim being of record in the office of the Recorder of-, at-, 

in the county and-aforesaid, the presumed general course or direction of the 

said-vein, lode or mineral deposit being shown upon the plat posted herewith, 

as near as can be determined from present developments; this claim being for- 

linear feet thereof, together w'ith the surface ground shown upon the official pla^ posted 
.herewith, the said vein, lode and mining premises hereby sought to be patented being 
liounded on the-by the-mining claim. 













































i'(jr:vis. 


41 


Am and all persons claiming adversely the mining ground, vein, lode, premises, or 
any portion thereof so described, surveyed, platted and applied for, are hereby notified 
that unless their adverse claims are duly filed as according to law and the regulations 
thereunder within sixty days from the date hereof, with the Register of the United States 

Land Office at-, in the-of -, they will be barred, in virtue of the 

provisions of said statute. . 

-(Names of applicants.) 

Dated on the ground tliis-day of-, A. D. 188-. 

Witness: r -. 

(Names of witnesses.) 

Subscribed and sworn to before me this-day of-, A. D. 188-, and 1 

hereby certify that I consider the above deponents credible and reliable witnesses, and 
that the foregoing affidavit and notice were read by each of them before their signatures 
were affixed thereto and the oath made by them. 


Noth.—T he notice to be posted on the claim with the plat is given in the above form. 


FORM 9. 

Proof that Plat and Notice Remained Posted on Claim During Period of Publication. 
- of -, County of -, ss. 

-jbeing first duly sworn according to law, deposes and says, that he is claimant 

(and co-owner with-) in the-mining claim,-mining district,- 

county, the official plat of which premises, designated by the Surveyor-General as lot 

No. -, together with the notice of intention to apply for a patent therefor, was 

posted thereon, on the - day of -, A. D. 188-, as fully set forth and de¬ 
scribed in the affidavit of -and-, dated the-day of-, A. D. 

188-, which affidavit was duly filed in the office of the Register at-in this case; 

and that the plat and notice so mentioned and described, remained continuously and 

conspicuously posted upon said mining claim from the -day of-, A. D. 

188-, until and including the-day of-, A. D. 188-, including the 

sixty days period during which notice of said application for patent was published in 
the newspaper. 

[Jurat.] - 

(One of the applicants.) 


FORM 10. 

T 

Register’s Certificate of Posting Notice for Sixty Days. 

United States Land Office, at-,-, 188-. 

I hereby certify that the official plat of the-lode designated by the Surveyor- 

General as lot No. -was filed in this office on the- day of -, A. D. 

188-, and that the attached notice of the intention of-to apply for a patent for 

the mining claim or premises embraced by said plat, and described in the field notes of 
survey thereof filed in said application, was posted conspicuously in this office on the 

-day of-, A. D. 188-, and remained so posted until the -day of 

-, A. D. 18S-, being the full period of sixty consecutive days during the period 

of publication as required by law; and that said plat remained in this office during that 
time, subject to examination, and that no adverse claim thereto has been filed. 

-, Register. 

Noth.—T he notice posted in the office should be attached to this certificate; a copy of the notice 
published is the one usually posted in the Register’s office. 






















































42 


FORMS. 


FORM II. 

Notice for Publication in Newspaper. 

Mining Application No. -. 

Uhited States Land Office,---,-, i88—. 

Notice is hereby given that-, whose post office address is-, has this day 

filed his application for a patent for-linear feet of the-mine or vein bear¬ 
ing -, with surface ground - feet in width, situated in -mining dis¬ 
trict, county of -, and- of -, and designated by the field notes and 

official plat on file in this office as lot No. --, in township-, range-, 

of-meridian,-. Said lot No.-being described as follows, to wit: 

Beginning at, etc. 

Magnetic variation-, containing-acres. 

The location of this mine is recorded in the Recorder’s office of -, in book 

-of-. The adjoining claimants are-. 

Any and all persons claiming adversely any portion of said-mine or surface 

ground are required to file their adverse claims with the Register of the United States 
Land Office at-, in the-of-, during the sixty days period of pub¬ 

lication hereof, or they will be barred by virtue of the provisions of the statute. 

-, Register. 

FORM 12. 

Agreement of Publisher. 

The undersigned, publisher and proprietor of the-, a-newspaper, pub¬ 
lished at-, county of-, and-of-, does hereby agree to publish 

a notice, dated United States Land Office, --, required by Chapter Six of Title 

Thirty-two, Revised Statutes of the United States, of the intention of-to apply 

for a patent for his claim on the-lode, situated in-mining district, county 

of-, of-, and to hold the said-alone responsible for the amount due 

for publishing the same. And it is hereby expressly stipulated and agreed that no claim 
shall be made against the Government of the United States, or its officers or agents, foi 
such publication. 

Witness my hand and seal this-day of-, A. D. 188-. 

Witness : -. 


FORM 13. 

Proof of Publication. 

- of -, County, of -, ss. 

Reprint Copy of -, being first duly sworn, deposes and says, that he is 

Notice of Application. / the-of the-, a newspaper published at-, in 

-county, in the-of-; that the notice of the application for a patent 

for the-mining claim, of which a copy is hereto attached, was first published in 

said newspaper, in its issue dated the-of-, 188-, and was published in 

each [daily or weekly] issue of said newspaper for [sixty consecutive days, or nine con¬ 
secutive weeks,] thereafter, the full period of sixty days, tlie last publication thereof 
being in the issue dated the-of-, 188-. 

Subscribed and sworn to before me this-day of-, A. D. 188-. 

[seal.] - , Notary Public. 








































































FORMS. 


/ 


43 


FORM 14. 

j Affidavit of Five Hundred Dollars Improvement. 

- of - j County of -, ss. 

-and-, of lawful age, being first duly sworn according to law, depos 

and say that they are acquainted with the-mining claim in-mining dis¬ 
trict, county and -aforesaid, for which - has made application for patent 

under the provisions of Chapter Six of Title Thirty-two, Revised Statutes of the United 
States and that the labor done and improvements made thereon by the applicant and his 
grantors exceed five hundred dollars in value, and said improvements consist of (de¬ 
scribe fully). 

Subscribed and sworn to before me this --day of---, A. D. i88-. 


■ FORM 15. 

Statement of Fees and Charges. ^ 

- of -, Cotinty of -, ss. 

-, being first duly sworn according to law, deposes and says that he is the apph 

cant for patent for the-lode in -mining district, county of-,- 

of -, under the provisions of Chapter Six of Title Thirty-two of the Revised 

Statutes of the United States, and that in the prosecution of said application he has paid 
out the following amounts, and no more, viz.: To the credit of the Surveyor-General s 

office,-dollars; for surveying,-dollars; for filing in the local land office, 

-dollars; for publication of notice,-dollars; and for tlie land embraced in 

his claim,- dollars. 

Subscribed and sworn to before me this-day of-, A. D. 188-. 

[ seal .] -, Notary Public. 

FORM 16. 

Proof of Ownership and Possession in Case of Loss or Absence of Mining Records. 
- of -, Cotinty of -, ss. 

-, and -— -, each for himself, and not one for the other, 

being first duly sworn according to law, dej^oses and says that he is a citizen of the 

United States, over the age of twenty-one years, and a resident of- county, 

-, and has resided in-mining district, wherein the-mine is situated, 

since-day of-, 18—. That since said date he has been acquainted with 

the- mine, and with the possessors and workers-thereof. That said mine was 

located and has been possessed and worked in accordance with the customs and usages 
of miners in said district, and in conformity with the rules and regulations governing 
the location, holding and working of mining claims, in force and observed in the (State) 
of-. That there are no written records known to deponent existing in said min¬ 
ing district. That affiant is credibly informed and believes that the-mine w'as 

located in the year 18—, and that if any record was made of said location, and of the 
names of locators, the same has not been in existence for a long number of years past, 
and that by reason thereof the names of locators cannot now be ascertained, and no 
abstract of title from locators to the present owner can be made. That , the possession 

of applicant and his predecessors in interest of said - mine has been actual, 

notorious and continuous, to the positive knowledge of deponent, since his residence 
in said mining district, and that such possession has been perfected and maintained in 
conforpiity with mining usages and customs, and has been acquiesced in and respected 























































44 


FORMS. 


by the miners of said district. That applicant’s right to the said-mine is not in 

litigation within the knowledge of affiant, and that no action or actions have been com- 
iienced affecting the right to said mine since his acquaintance therewith (and that the 
time for the commencement thereof, as required to be instituted under the provisions of 

the Statute of Limitations of the- of-, has long since elapsed). That 

applicant and his predecessors in interest have expended in the improvement, develop¬ 
ment and working of said mine a sum of money exceeding-dollars, as follows, 

to wit: -. 


Subscribed and sworn to before me this-day of-, A. D. 188-, and I 

certify that the aforenamed-and-are credible and respectable persons, to 

whose affidavits full faith and credit should be given. 

[seal.] • ■" ' ■-. 

Note. —This should be sworn to by at least two respectable persons. 

FORM 17. 

Affidavit of Citizenship. 

- of -, County of -, ss. 

-, being first duly sworn according to law, deposes and says, that he is the 

applicant for patent for-mining claim, situated in-mining district, county 

of-; that he is a native-born citizen of the United States, born in-, county 

of-, State of-, in the year 18—, and is now a resident of-. 

Subscribed and sworn to before me this-day of-=, A. D. 188-. 


Note.—I f the applicant is a naturalized citizen, or has declared his intention to become a citizen, 
he should show in his affidavit where, when and before what court he was naturalized or his declara¬ 
tion was made, 

FORM 18. 

Certificate that No Suit is Pending. 

- of -, County of -, ss. 

I,-, clerk of the court in and for - county,-, do hereby certify 

that there is now no suit or action of any character pending in said court involving the 

right of possession to any portion of-mining claim, and that there has been no 

litigation before said court affecting the title to said claim, or any part tliereof, for_ 

years last past, other than what has been finally decided in favor of-. 

In witness whereof, I have hereunto set my hand and affixed the seal of said court, 
at my office in-, this-day of-;-, A. D. 188-. 

[seal.] -, Clerk of the-Court,-. 

' ' • ' ■ ‘ FORM 19. 

Power of Attorney to Apply for Patent. 

Know all Men by these Presents, tliat we,-and - , do hereby con¬ 
stitute and appoint-as our attorney in fact, for us and in our names, to make 

application to the United States for the entry and purchase of certain Government lands; 
in-mining district,-county,-of-, known as the-min¬ 

ing claim and premises; and to have the same surveyed, and to take any and all steps 
that may be necessary to procure from the Government of the United States a patent to 




























































FORMS. 


45 


the said lands and premises, granting the same to us. And to do all other acts apper¬ 
taining to the said survey and entry aforesaid as we ourselves could do by our own act 
and in our own proper person. 

In witness whereof we have hereunto set our hands and affixed our seals die- 

day of-, A. D. 188-. 


- of -, Cou7ity of -, ss. 

On this - day of - ■, A. D. 188-, before me,-, a Notary Public in 

and for the-, county of-, personally appeared-, known to me to be 

die same person whose name - subscribed to the foregoing Instrument, and 

acknowledged to me that-executed the same. 

In witness whereof I have hereunto set my hand and affixed my official seal at my 
office, the day and year in diis certificate first above written. 

[seal.] -, Notary Public. 

u. FORM 20. 

Proof that no Known Vein Exists in a Placer Mining Claim. 

- of -, County of -, ss. 

-and-, of the said county and-, being first duly sworn, each for 

himself, deposes and says, that he is well acquainted with the-placer mining 

claim, embracing-, situated in the-mining district, in the county 

of-, and-of-, owned and worked by-, applicant for United 

States patent; that for many years he has resided near, and often been upon the said 
mining premises, and that no known vein or veins of quartz or other rock in place, 
bearing gold, silver, cinnabar, lead, tin or copper, exist on said mining claim, or on any 
part thereof, so far as he knows, and he verily believes that none exist thereon. And 
further, that he has no interest whatever in tlie said placer-mine of-. 

' ‘ ' ' 

Subscribed and sworn to before me tliis-day of-, A. D. 188-. 


Noth.—I n case any known mines exist within the exterior boundaries of the placer-claim, the names 
of such known veins should be given, 

FORM 21. 

Protest and Adverse Claim. 

United States Land Office,-of-. 

In the matter of the application of-, for a United States patent for the- 

lode or mining claim and the land and premises appertaining to said mine, situated in 
the-mining district, in-county,-of-. 

To the Register and Receiver of the United States Land Office at -, and to the 

above-named applicants for patent for the - lode 

You are hereby notified that -of the city of-, county of-, and 

-of-, and a citizen of the United States of America, is the lawful owner, 

and entitled to the possession of —^-hundred feet of the said- — lode or mine 

described in said application, as shown by the diagram posted on said claim, and the 
copy thereof filed in the land office with said application, and as such owner this con¬ 
testant, the said-, does protest against the issuing of a patent thereon to said 

applicant, and does dispute and contest the right of said applicant therefor. 

And this contestant does present the nature of his adverse claim, and does fully set 
forth the same in the affidavit hereto attached, marked Exhibit A, and tlie further ex¬ 
hibits thereto attached, and made part of said affidavit. 
























































46 


FORMS. 


The said -therefore respectfully asks the said Register and Receiver that all 

further proceedings in tlie matter be stayed, until a final settlement and adjudication of 
tiie rights of tliis contestant can be had in a court of competent jurisdiction. 

(Place and Date.) -• 

EXHIBIT A. 

- of -, County of -, ss. 

-, being first duly sworn, deposes and says, that he is a citizen of the United 

States, born in the State of-, and is now residing in-; that he is the con¬ 

testant and protestant named in, and who subscribed the notice and protest hereto an¬ 
nexed. Affiant further says that he is the owner by purchase and in the possession of 

the (adverse) lode or vein of quartz and other rock in place, bearing-and other 

metals. That the said lode is situated in the-mining district,-county, 

-of-. 

\_The history of the lode should be given in fill; for instance, as follows 

This affiant further says, that on the day of location the premises hereinafter described 
were mineral lands of the public domain, and entirely vacant and unoccupied, and were 
not owned, held, or claimed by any person or persons as mining ground or otherwise, 
and that while the same were so vacant and unoccupied, and unclaimed, to\wit: 

On the-day of-, i8—, (name locators,) each and all of 

them being citizens of the United States, entered upon and explored the premises, dis¬ 
covered and located the said-lode, and occupied the same as mining 

claims. That the said premises so located and appropriated consist of- 

feet in a-erly direction, and-feet in a-erly direction, 

as will fully appear by reference to the notice of location, a duly certified copy whereof 
^’s hereunto annexed, marked Exhil^it B, and hereby made a part of this affidavit. That 

he locators, after the discovery of the said-lode, drove a stake on said lode on 

t.e discovery claim, erected a monument of stone around said stake, and placed thereon 
a written notice of location describing the claim so located and appropriated, giving the 
names of the locators and quantity taken by each, and after doing all the acts and per- 

fonning all the labor required by the laws and regulations of said-mining district 

and territory of-, the locators of said lode caused said notice to be filed and re¬ 

corded in the proper books of record in the Recorder’s office in said district on the 
-day of-, 18—. 

Affiant further says, that the said locators remained continuously in possession of said 

lode, working upon the same, and within-months from the date of said location 

had done and perfonned work and labor on said location in mining thereon and devel¬ 
oping the same, more than-days work, and expended on said location more than 

-hundred dollars, and by said labor and money expended upon the said mining 

location and claim, had developed the same and extracted tlierefrom more than- 

tons of ore. 

And affiant further says, that said locators, in all respects, complied with every custom, 
rule, regulation, and requirement of the mining laws, and every rule and custom estab¬ 
lished and in force in said-^— mining district, and thereby became and were owners 

(except as against the paramount title of the United States) and the rightful possessors 
of said mining claims and premises. 

And this affiant further says, that said locators proved and established to the satisfac¬ 
tion of the Recorder of said-mining district tliat they had fully complied with 

all the rules, customs, regulations, and requirements of the laws of said district, and 
thereupon the said Recorder issued to the locators of said-lode, certificates con¬ 

firming their titles and rights to said premises. 









































FORMS. 


47 


That the said lode was located and worked by the said locators as tenants in common, 
and they so continued in the rightful and undisputed possession thereof from the time 

ot said location until on or about the-day of-, A. D. i8—, at which time the 

said locators and owners of said lode formed and organized under the laws of the State 

(or Territory) of-, and incorporated under the name of the “-and on the 

-day of-, A. D. i8—, each of tlie locators of said lode conveyed said lode 

and each of their rights, titles, and interest in and to said lode, to said “-mining 

company.” 

On the said-day of -, i8—, the said company entered into and upon 

said-lode, and was seized and possessed thereof and every part and parcel of the 

same, and occupied and mined thereon until the-day of-, i8—, at which 

time the said-mining company sold and conveyed the same to this affiant, which 

said several transfers and conveyances will fully appear, by reference to the abstract of 
title and paper hereto attached, marked Exhibit D, and made a part of this affidavit. 

[/« case of individual transfers J\ 

And this affiant further says, that the said-, who located claim-north 

westerly of the said-lode, and the said-, who located claim-north¬ 

westerly thereon, was seized and in possession of said claims, and occupied and mined 

thereon until the-day of-, i8—, at which t'me the said-and- 

sold and conveyed the same to-, and thereupon the said-was seized and 

possessed of said mining claims and locations, and occupied and mined thereon until the 

-day of -, 18—, at which time the said-sold and conveyed the 

same to this affiant, as will fully appear by reference to the abstract of title and paper 
hereto attached, marked Exhibit D, and which this affiant hereby makes a part of this 
his affidavit. 

Affiant further says, that he is now and has been in the occupation and possession of 
the said-lode since the --day of-, i8—, and that said lode and min¬ 
ing claims were located, and the title thereto established, several-before said 

(applied for) -lode was located. 

Affiant further says, that said-lode, as shown by the notice and diagram posted 

on said claim, and the copy thereof filed in the United States Land Office at said- 

with said application for a patent, crosses and overlaps said-lode, and embraces 

about-hundred feet in length by-hundred feet in width of the said- 

lode, the property of this affiant, as fully appears by reference to the diagram or map 
duly certified by-^—, United States Deputy Surveyor, hereto attached, marked Ex¬ 

hibit C, and which diagram presents a correct description of the relative locations of the 
said (adverse) lode, and of the pretended (applied for) lode. 

Affiant further says, that he is informed and believes that said applicant for patent 
well knew that affiant was the owner in possession and entitled to the possession of so 
much of said mining ground embraced witliin the survey and diagram of said applica¬ 
tions, as is hereinbefore stated, and that this affiant is entitled to all the-and other 

metal in said (adverse) lode, and all that may be contained within a space of-feet 

on each side of said (adverse) lode. 

And' affiant further says, that this protest is made in entire good faith, and with tlie 
sole object of protecting the legal rights and property of this affiant'in the said (adverse ) 
lode and mining premises. 


Subscribed and sworn to before me this 


day of 


, A. D. 188 -. 

















































48 


FORMS. 


surveyor's certificate. 

On the diagram marked Exhibit C, the Surveyor must certify in effect, as follows ; 

I hereby certify that the above diagram correctly represents the conflict claimed to 

exist between the-and-lodes, as actually surveyed by me. And I further 

certify, that the value of the labor and improvements on the (adverse) lode, exceeds five 
hundred dollars, and said improvements consist of (state in full). 

(Place and Date.) 

-, U. S. Deputy Surveyor. 


FORM 2^.* 

Tunnel Claim—Location Certificate. 


Know all men by these presents, that the undersigned, citizens of the United States, 


have this- day of-, 188-, claimed by right of location, a tunnel claim, for 

the purpose of discovering and working veins, lodes or deposits on the line thereof 
[cutting the-lode, and working the- lode]. Said tunnel claim is situ¬ 
ated in the-mining district, county of-, State of-, and the location 


and bounds of said tunnel are staked on the surface at the place of commencement and 
termination thereof, as well as along the line thereof. Said claim is more particularly 
described as follows: \_Describe the commeucement and termination by reference to 
natu 7 'al objects and permanent ino 7 iu 7 nents, a 7 td the Ihie by courses and dista 7 ices.'\ 
Dated-, 188-. - -, 


FORM 23. 


Locator, 


Power of Attorney to Locate and Sell. 

Know all men by these presents, that we, the undersigned \nat 7 ies'\y -, citizens 

of the United States, have made, constituted and appointed A. B. \s0771e thu'd perso 7 t, 
who will locate a 7 id stake\ our true and lawful attorney for us, and in our names to 

locate, stake and record for us each lode claims and placer mining ground in the-, 

-county,-of-, and having located the same, to bargain, sell, grant, 

release and convey the same, entire or in separate parcels, to make proper deeds, seal, 
acknowledge 'and deliver the same to such persons as our attorney may desire; hereby 
ratifying and confirming all lawful acts done by our said attorney by virtue hereof. 

Witness our hands and seals, this-day of-, 18—. 

\_Na 77 ies.'\ 

- of -, County of -, ss. 

On this - day of-, 18—, before me-in and for the county and 

State aforesaid, appeared-personally known to me as the persons whose names 

are subscribed to the foregoing power of attorney, and acknowledged the execution 
tliereof as their free act and deed, for the purposes therein mentioned. 

Given under my hand and —;-seal the day and year above written. 


FORM 24. 

Notice of Right to Water. 

The undersigned claims the water running in this-stream to the extent of 

-inches for mining purposes, to be conveyed by (ditch or flume) from this point 

to the-placer claim. 

Dated-, 18—. -, 

Locator. 

Note— This notice is to be posted near the outlet, and the following form is to be duly recorded io 
the district or county Recorder’s office. 

♦ 

* Forms 22, 23, 24, 25, 26, 27, and 28, are from Carpenter’s Mining Code, slightly modified. 








































FORMS. 


49 


FORM 25. 

Pre-emption of Right of Way for Ditch and Location of Water. 

To whom these presents may concern, know ye, that I,-, of the county of 

— , in the State of-, a citizen of the United States, do hereby declare and 

publish as a legal notice to all the world, that I claim, and have a valid right to the 
occupation, possession and enjoyment of all and singular, that tract or parcel of land 

lying and being in the county of-, in the State of-, for the exclusive right 

of way for the purpose of constructing a flume or water ditch from-stream to 

-placer claim, more particularly described as follows: Commencing \here de~ 

scribe the exact route for ditch or fume.'] 

I also claim, and have a valid right to the enjoyment and use of-inches of 

water from said stream for mining purposes, to be conveyed through such flume or water 
ditch to said claim, together with all and singular, the hereditaments and appurtenances 
thereunto belonging, or in any wise appertaining. 

Witness my hand and seal this-day of-, A. D. 18—. 


[Atame.] 

Notice posted on the stream-, 18—. 

Ditch commenced at claim or at stream-, 18—. 

- of -, County of -, ss. 

On this - day of-, 18—, before me, a - in and for the county 

aforesaid, in the State aforesaid, personally appeared-, to me personally known 

to be the person who executed the foregoing written instrument, and acknowledged that 
he executed the same for the uses and purposes therein set forth. 

Witness my hand and official seal. -. 

FORM 26. 

Mining Deed. 

This indenture, made the - day of - , in the year of our ]Lord one 

thousand eight hundred and eighty,, between-, of the county of-, 

and-of-, party of the first, and-, of the county of-, 

and-of-, party of the second part; 

IVitnesseth, That the said party of the first part, for and in consideration of the sum 

of-dollars, lawful money of the United States of America, to him in hand paid 

by the said party of the second part, the receipt whereof is hereby acknowledged, hath 
granted, bargained, sold, remised, released, and forever quit-claimed, and by tliese 
presents dots grant, bargain, sell, remise, release, and forever quit-claim, unto the said 

party of the second part, his heirs and assigns, the-lode, as located, surveyed, 

recorded, and held by said party of the first part, situated in - mining district, 

-county,-, together with all the dips, spurs, and angles, and also all the 

metals, ores, gold and silver-bearing quartz, rock and earth therein, and all the rights, 
privileges, and franchises thereto incident, appendant and appurtenant, or therewith 
usually had and enjoyed; and also, all and singular the tenements, hereditanients, and 
appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues, 
and profits thereof; and also, all the estate, right, title, interest, property, possession, 
claim and demand whatsoever, as well in law as in equity, of the said party of the first 
part, of, in or to the said premises, and every part and parcel thereof, with the appurte¬ 
nances. 

To have and to hold, all and singular, the said premises, together with the appurte¬ 
nances and privileges thereto incident, unto the said party of the second part, his heirs 

4 









































50 


FORMS. 


and assigns forever. In witness whereof, the said party of the first part has hereunto 
set his hand and seal the day and year first above written. 

[seal.] -. 

- of -,- Cotmfy, ss. 

I, Richard Roe, a Notary Public in and for said county, in the State aforesaid, do 

hereby certify that-, personally known to me to be the person whose 

name is subscribed to the annexed deed, appeared before me this day in person, and 
acknowledged that he signed, sealed and delivered the said instrument of writing as his 
free and voluntary act, for the uses and purposes therein set forth. 

Given under my .hand and official seal, this -day of-, A. D. 188-. 

[sEvVL.] Richard Roe, Notary Public. 

FORM 27. 

Title Bond to Mining Property. 

Know all men by these presents, that I, John W. Newton, party of the first part, of 
the county of Lake, and State of Colorado, am held and firmly bound unto William'H. 
blunt, party of the second part, of the county of Lake, and State of Colorado, in the 
penal sum of ten thousand dollars, lawful money of the United States, to the payment 
of which the party of the first part hereby binds himself, his heirs, executors, and ad¬ 
ministrators. Witness his hand and seal this 20th day of July, 1880. The conditions 
of the foregoing obligations are such, that whereas, the above bounden party of the first 
part, in consideration of the sum of five dollars, in hand paid, has, on the day and year 
aforesaid, agreed to sell to the party of the second part the following described mining 
property, viz: An undivided one-eighth interest in arid to the Gilt Edge lode claim, as 
located, surveyed, recorded, and held, situate, lying and being in California Mining 
District, Lake county, Colorado, together with all and singular, the improvements, here¬ 
ditaments, and appurtenances thereto belonging, or in any wise appertaining, for the 
sum of five thousand dollars, to be paid at the times and in the manner following, viz : 
One thousand dollars on or before August 20, 1880 ; one thousand dollars on or before 
September 20, 1880; and three thousand dollars on or before October 20, 1880; which 
sums of money are to be paid to the parly of the first part, in person, or by depositing the 
same to his credit at the Vermont National Bank of St. Albans, at the times aforesaid, 
and time shall be of the essence of these conditions. And in case of failure of the party 
of the second part, or his assigns, to make either of said payments at the times mentioned, 
such sum or sums as may have been paid hereunder, shall be forfeited to and retained 
by the party of the first part, as a penalty and for liquidated damages, and notice of for¬ 
feiture is hereby expre.ssly waived, and also all right, demand or claim for the balance 
or any of said sum of five thousand dollars, is hereby expressly waived by the party of 
the first part. The party of the ^ first part, his heirs, executors, administrators, and as¬ 
signs, shall on the 20th day of October, 1880, or at any time before, upon payment of 
. said sums of money hereinbefore mentioned, make, execute, and deliver to the party 
of the second part, or to such person or persons as he shall designate, good and sufficient 
deed or deeds of all of the above described property, conveying a clear and perfect title 
(except the fee simple title of the United States), free from all incumbrances, with a 
covenant, that the annual expenditure has been made thereon as required by law. Now, 
if the party of the second part shall fail to pay the sum or sums of money as hereinbefore 
provided, and if the party of the first part shall faithfully perform the covenants herein 
set forth, then this obligation shall be null and void; otherwise, to be and remain in 
full force and effect. 

[seal.] , John W. Newton. 

State of Colorado, Lake county, ss. 

Be it known. That on this 20th day of July, 1880, before me, personally came John 











FORMS. 


51 


W. Newton, to me known as the person described in, and who executed the foregoing 
instrument in writing, and acknowledged the execution thereof to be his free act a d 
deed, for the uses and purposes therein mentioned. 

Witness my hand and official seal. 

[seal.] Alex. G. Watson, N^otary Public. 

FORM 28. 

Escrow Agreement. 

1 he inclosed deed of the-lode is hereby placed in the-Bank of-, 

tfi escrow. If A. B. shall place, or cause to be placed to the credit of C. D. and E. F., 
in said-bank of -, on or before-, 188-, the full sum of-dol¬ 

lars, then and in that case the said bank is hereby authorized to deliver the iirclosed 
deed to A. B., or his order. In case the said A. B. shall not place, or cause to be 

placed, to the credit of said C. D. and E. F., in said bank, the full sum of-r dollars, 

on or before-, 188-, then the*said bank is hereby authorized to deliver the in¬ 

closed deed to the said C. D. and E. F., or their joint order. 

(Signed) . C. D. 

‘ ’ E. F. 

A. B. 

-, 188-, (Place and date). 

Note. —When the option for the purchase of a mine is desired by a third party, it is the safest and 
best plan for the mine owner to put a deed in escrow. It saves incumbering of the record, and any 
questions that might arise concerning the payment of money. The deed should be a warranty, quit¬ 
claim, or mining deed, as agreed, fully executed and acknowledged, ready for delivery, put in a sealed 
envelope, and placed in some bank, or left with some responsible person, with an agreement written 
upon the envelope, as above. 

FORM 29. 

Mining Lease.* 

This Indenture, made this -day of -, in the year of our Lord c e 

thousand eight hundred and eighty-, between- lessor and-lessee or 

tenant; Witnesseth, That the said lessor for and in consideration of the rents, royalties, 
covenants and agreements hereinafter reserved, and by the said lessee to be paid, kept and 

performed,-granted, demised and let, and by these presents do grant, demise 

and let unto the said lessee, all the following described mine and mining property, 

situated in-mining district, county of-,-of-, to wit: (Here 

description of property.) Together with the appurtenances-to have and to hold 

unto the said lessee or tenant for the term of-from the date hereof, expiring at 

noon on the-day of-, A. D. 188-, unless sooner forfeited or determined 

through the violation of any covenant hereinafter against the said tenant - 

reserved. 

And in consideration of the said demise, the' said lessee does covenant and agree with 
said lessor as follows, to wit: 

To enter upon said mine or premises and work the same mine fashion, in manner 
necessary to good and economical mining, so as to take out the greatest amount of ore 
possible, with due regard to the safety, development and preservation of the said prem¬ 
ises as a workable mine. 

(Here insert special covenants for dead work, etc.) 

* From Morrison's Mining Rights in Colorado. 

Noth.— The covenants of a mining lease are peculiar, and cannot be too partictflarly stated in the 
instrument. If for more than one year, it should be in writing, and recorded. 

Instead of a lease a license may be granted. The distinctions between a lease and a license are 
technical, but important. 

A license, usually, is not exclusive, and invests no property in the mineral until severed. Work 
done for lessees cannot subject the ground to a miner's lien. 





























52 


FORMS. 


To work and mine said premises as aforesaid steadily and continuously from the 

date of this lease : and that any failure to work said j)remises with at least - 

persons employed underground for the space of-consecutive days may be con¬ 

sidered a violation of this covenant. 

To M-ell and sufficiently timber said mine at all points where proper, in accord¬ 
ance with good mining; and to repair all old timbering wherever it may become 
necessary. 

To allow said lessor and -agents to enter upon and into all parts of said mine 

for the purpose of inspection, with use of all passages, ropes, windlass, ladder-ways, 
and all other means of ingress and egress for such purpose. 

To not assign this lease, or any interest thereunder, and to not sublet the said prem¬ 
ises or any part thereof, without the written assent of said lessor, and to not allow any 
person or persons except the said lessee and-workmen to take or hold posses¬ 

sion of said premises or any part thereof under any pretence whatever. 

To occupy and hold all cross or parallel lodes, dips, spurs, feeders, crevices or min¬ 
eral deposits of any kind, which may be discovered in working under this lease, or in 

any tunnel run to intersect said-lode, or by the said lessee or any person or 

persons under-, in any manner at any point within-feet of the centre line 

of said lode, as the property of said lessor; with privilege to said lessee of working 
the same as an appurtenance of said demised premises, during the term of this lease; 
and to not locate or record the same, or allow the same to be located or recorded, ex¬ 
cept in the name of said lessor. 

To keep at all times the drifts, shafts, tunnels, and other passages and workings of 
said demised premises, thoroughly drained and clear of loose rock and rubbish of all 
kinds. 

To pay and deliver to said lessor as royalty,-of all ore to be extracted from 

said premises during said term, of like assay to that retained by said lessee, delivered 

at - as soon as mined, without offset, deduction, or charge whatever, except 

lessor’s proportion for packing. 

To deliver up to said lessor the said premises, with the appurtenances and all 

improvements-in good order and condition, with alk shafts and tunnels and 

other passages thoroughly clear of rubbish and drained, and the mine in all points 
ready for immediate continued working (accidents not arising from negligence alone 

excusing), without demand or further notice, on said - day of -, A. D. 

188-, at noon or at any time previous, upon demand for forfeiture. 

And finally, upon the violation by said lessee, or any person under-, of any 

covenant or covenants hereinbefore reserved, the term of this lease shall, at the option 
of said lessor, expire, and the same and said premises with the appurtenances shall 

become forfeit to said lessor: and said lessor or- agent may thereupon, after 

demand of possession in writing, enter upon said premises and dispossess all persons 
occupying the same, with or without force, and with or without process of law; or at 
the option of said lessor, the said tenant and all persons found in occupation may be 
proceeded against as trespassers from the beginning of said term both as to realty and 
the ore served therefrom; or as guilty of unlawful detainer. 

Each and every clause and covenant of this Indenture shall extend to the heirs, 
executors, and administrators of all parties hereto : and to the assigns of said lessor: 
and as said lessor may elect, to the assigns of said lessee. 

Jn witness whereof, The said parties, lessor and lessee, have hereunto set their 
hands and seals. 


. [seal.] 
. [seal.] 
























STATE AND TERRITORIAL 
MINING LAWS. 


AHIZOllTA. 

Location and Registry. 

An Act providing for the location and registration of Mines and 
Mineral Deposits, and for other purposes. 

Section i. —Mining Districts. —The mining districts heretofore 
created in the several counties of this territory are hereby authorized 
and empowered to make all necessary rules and regulations for the 
location, registry, and working of mines therein: Provided, That all 
locations and registrations of mines and mineral deposits hereafter 
made in any of the said districts shall be transmitted to the county 
recorder for record, within sixty days after the same shall have been 
located. 

Sec. 2. —County Recorders—Fees. —The county recorders of the 
several counties are authorized and required to procure suitable books 
in which the records of all mines and mineral deposits shall be kept, 
which said books shall be paid for out of the county treasury, and they 
shall receive for their services herein the following fees: For recording 
and indexing each claim not exceeding one folio, one dollar; and for 
each additional folio, twenty cents. 

Sec. 3.— Prior Locations. —Nothing in this act shall be so con¬ 
strued as to affect the claims to mines and mineral deposits heretofore 
located and duly recorded. 

Sec. 4.— Territorial Claims. —The claim of the Territory to all 
mining claims heretofore located is hereby abandoned, and the same are 
hereby declared open to re-location and registry: Provided, That noth¬ 
ing herein contained shall be so construed as to affect mining claims 
heretofore sold and disposed of by the Territory. 

Sec. 5.— Placer Mines. —Nothing in this act shall be construed to 
apply to placer mines or mining, or other mineral deposits, other than 
those commonly called veins or lode mines. 

Sec. 6.— Repeal. —Chapter fifty of the Howell Code, entitled, “Of 
the Registry and Government of Mines and Mineral Deposits,” as well 
as all other acts or parts of acts in conflict with the provisions of this 
act, are hereby repealed. 

Sec. 7.—When Effective. —This act shall take effect and .be in 
force from and after the first day of January, A. D., eighteen hundred 
and sixty-seven. 

Approved November j, 1866, [Compiled Laws, p. 533.] 

(53) 



54 


STATE AND TERRITORIAL MINING LAWS. 

An Act Relating to Mines and Mining Claims. 

Be it enacted, etc. 

Section i. —Any person or persons, who has or may hereafter locate 
a valid mining claim in this Territory under the laws of the United 
States, or of the Territory of Arizona, shall be lawfully entitled to the 
right of way over all adjoining or adjacent mines or mining claims for 
the purpose of transporting supplies, material or ores, used upon or 
taken from the claim or claims so entitled to the right of way; and it 
shall be lawful in the exercise of this right of way to construct such a 
road, tramway or railway, as may be necessary to transport such supplies, 
materials or ores; proinded, that no such right of way shall be exercised 
in such a manner as to inconvenience or embarrass the owner or owners 
of such adjoining or adjacent claim or claims; and provided, also, that 
the owner or owners of said adjoining or adjacent claim or claims shall 
be entitled to remuneration from the person or persons claiming such 
right of way; the amount of such remuneration, and the manner of ascer¬ 
taining the same, to be regulated by the rules and regulations as pre¬ 
scribed by an act of the Territorial Legislature, entitled “an act provid¬ 
ing for constructing, and maintaining toll roads, bridges and ferries in 
Arizona Territory.” Approved February i8, 1871. 

Sec. 2.—All acts, and parts of acts, in conflict with the provisions of 
this act, are hereby repealed. 

Sec. 3^—This act shall take effect and be in force from and after its 
passage. 

Approved March 12, 1881. 

[Laws of 1881. p. 167.] 

An Act to Protect Landmarks. 

Be it enacted, etc. 

Section i. —That if any person or persons shall wilfully and mali¬ 
ciously deface, remove, pull down, injure or destroy any location stake, 
side post, corner post, land mark or monument, or any other legal land 
boundary monument in this Territory, designating or intending to desig¬ 
nate the location boundary or name of any mining claim, lode or vein 
of mineral, or the name of the discoverer, or date of discovery thereof, 
the person or persons so offending shall be guilty of a misdemeanor, and 
on conviction thereof, shall be fined not more than one thousand dol¬ 
lars or imprisoned not more than one year, at the discretion of the 
court; provided, that this act shall not apply to abandoned property. 

Sec. 2. —This act shall take effect and be in force from and after its 
passage. 

Approved February 21st, 1883. 

[Laws of 1883. P- 31*] 

An Act to Encourage Mining. 

Be it etmcted, etc. 

Section i. —That no lands taken up or held as mining claims under 
the laws of the United States shall be held or used for agricultural pur¬ 
poses, or irrigated from any stream of water, un-less there should be more 


STATE AND TERRITORIAL MINING LAWS. 


55 


water in such stream tlian is required or used for mining purposes; and 
the use of water for the purpose of irrigating such land for agricultural 
purposes shall not vest in the person so using the same any right to 
such water, as against a subsequent appropriation for mining purposes. 

Sec. 2.—This act shall take effect and be in force from and after its 
passage. 

Approved March 12, 1881. 

[Laws of 1881. p. 162.] 


STATE AND TERRITORIAL MINING LAWS. 


56 

CALIFORNIA. 

Water Rights. 

1410. The right to the use of running water flowing in a river or 
stream, or down a canon or ravine may be acquired by appropriation. 

1411. The appropriation must be for some useful or beneficial pur¬ 
pose, and when the appropriator or his successor in interest ceases to 
use it for such a purpose, the right ceases. 

1412. The person entitled to the use may change the place of diver¬ 
sion, if others are not injured by such change, and may extend the 
ditch, flume, pipe, or aqueduct by which the diversion is made, to places 
beyond that where the first use was made. 

1413. The water appropriated may be turned into the channel of 
another stream and mingled with its water, and then reclaimed; but in 
reclaiming it the water already appropriated by another must not be 
diminished. 

1414. As between appropriators, the one first in time is the first in 

1415. A person desiring to appropriate water must post a notice, in 
writing, in a conspicuous place at the point of intended diversion, stat¬ 
ing therein: 

1. That he claims the water there flowing to the extent of (giving the 
number) inches, measured under a four-inch pressure : 

2. The purposes for which he claims it, and the place of intended use; 

3. The means by which he intends to divert it, and the size of the 
flume, ditch, pipe, or aqueduct in which he intends to divert it; 

A copy of the notice must, within ten days after it is posted, be re¬ 
corded in the office of the Recorder of the county in which it is posted. 

1416. Within sixty days after the notice is posted, the claimant must 
commence the excavation or construction of the works in which he in¬ 
tends to divert the water, and must prosecute the work diligently and 
uninterruptedly to completion, unless temporarily interrupted by snow 
or rain. 

1417. By “completion’’ is meant conducting the waters to the place 
of intended use. 

1418. By a compliance with the above rules, the claimant’s right to 
the use of the water relates back to the time the notice was posted. 

1419. A failure to comply with such rules deprives the claimant of 
the right to the use of the water as against a subsequent claimant who 
complies therewith. 

1420. Persons who have heretofore claimed the right to water, and 
who have not constructed works in which to divert it, and who have 
not diverted nor applied it to some useful purpose, must, after this title 
takes effect, and within twenty days thereafter, proceed as in this Title 
provided, or their right ceases. Civil Code, Annotated, Title viii., p. 
402. 

[The above law expresses the usual manner of securing water rights in 
the mining states and territories. See Copp’s U. S. Mineral Lands.] 


STATE AND TERRITORIAL MINING LAWS. 


57 


Mineral Lands on School Sections.* 

An Act regulating the sale of mineral lands belonging to the State 
of California. 

Section i.— Affidavit. —Any person desiring to purchase from this 
State any portion of any sixteenth or thirty-sixth section, that shall have 
been designated by United States survey as of a mineral character, or 
which is so in fact, shall make an affidavit before some officer authorized 
to administer oaths, that he or she is a citizen of the United States; or, 
if a foreigner, that he has filed his intention to become a citizen of the 
United States; that he or she is of lawful age, and desires to purchase 
said land, giving a description thereof by legal subdivisions; that he or 
she has not entered any portion of such mineral lands which, together 
with that applied for in such affidavit, will exceed forty acres; that there 
is no occupation of said land adverse to that which he or she holds; or, 
if there be any adverse occupation thereof, then he or she must state 
the name of such adverse occupant, together with the fact that the plat 
of the township has been on file six months or over, and that such ad¬ 
verse occupant has been in such occupation six months or over. 

Sec. 2.— Preferred Purchaser. —^Any person that shall be in the 
actual possession of any of said lands described in section one, at the 
time of the survey thereof by the United States, or at the time of the 
passage of this act, shall be considered a preferred purchaser thereof to 
the extent of his or her mining claim: Provided, he or she make appli ¬ 
cation for the purchase of the same bn or before the first day of January, 
1877, if the plat of such survey be already filed in the United States 
Land Office, and if not so filed, then within six months after the filing 
of such plat as aforesaid. 

Sec. 3.— Contest. —When a contest shall arise as to the mineral 
character of the lands applied for, or from any other cause, the Surveyor- 
General, or the Register before whom the contest is made, mus't, within 
thirty days after the adverse application is filed, unless sooner referred 
at the request of either claimant, make an order referring such contest 
to the Superior Court of the county within which the land is situated, 
and must enter such order in the proper book of his office, and forward 
a copy thereof to the clerk of the court to which the reference is made. 
Upon the filing of a copy of such order with the clerk of the court, 
either party may commence an action in said court to determine the 
conflict, and the court shall have full and complete jurisdiction to hear 
and determine the same. Unless an action shall be commenced within 
ninety days after the copy of the order of ref^ence shall have been filed 
with the clerk of the court, the party making such demand, or the ad¬ 
verse claimant, if the case is referred without demand, shall be deemed 
to have waived and surrendered his or her right to purchase, and the 
Surveyor-General or Register sh 311 proceed as though his or her applica¬ 
tion had not been made. 

Sec. 4— Price. —All lands sold under the provisions of this act shall 
be sold for the sum of two dollars and fifty cents per acre in United 
States gold coin, payable to the Treasurer of the county in which the 
lands are situated, within fifty days from the date of the approval by the 
Surveyor-General; and in case said payment is not made within said 

* This law only applies to sections on which minerals are discovered AFTER survey. 


STATE AND TERRITORIAL MINING LAWS. 


58 

fifty days, the land described in the location shall revert to the State 
without suit, and said location shall be and become null and void. All 
payments made to the County Treasurer as above provided, shall be paid 
over and accounted for as other moneys received for State lands are 
required to be paid over and accounted for. 

Sec. 5.— Certificates of Purchase. —The Surveyor-General and 
Register shall, in the matter of approving locations, issuing certificates 
of purchase or patents, or in other proceedings relating to the sale of 
lands of a mineral character, which proceedings are not provided for in 
this act, proceed in the same manner as is now provided for the sale 
of sixteenth and thirty-sixth sections which are not of a mineral char¬ 
acter. 

Sec. 6.— Patents. —All patents issued by the State to any portion 
of any sixteenth or thirty-sixth section shall be subject to any vested and 
accrued water-rights, ditches, and reservoirs used in connection there¬ 
with, acquired by priority of possession under local customs and the 
decisions of the courts, and the right of way for the construction of 
ditches and canals for mining and other purposes, over all of the six¬ 
teenth and thirty-sixth sections owned by the State, is hereby granted 
and confirmed. 

Sec, 7.— Restriction on Issuance of Patents. —After the pass¬ 
age of this act, no patents shall be issued for any of the lands described 
in this act upon which, at the time of the application therefor, there was 
and still is any actual bona fide mining claim, ^except to the person who 
is the owner of such mining claim under local mining customs; and 
when an applicant for such lands, not owning such mining claim, shall 
have paid the purchase-money therefor, in whole or in part, he may 
present his certificate of purchase and receive in exchange therefor, 
from the Register, a certificate showing the whole amount paid ; and the 
Controller, upon the surrender of such certificate, must draw his warrant 
in favor of the person surrendering such certificate, for the amount 
therein specified, on the Treasurer of State, who must pay the sum out 
of the funds into which the purchase money was paid: Provided^ That 
the owner of such mining-claim, under such mining customs, shall apply 
to purchase the same within six months after the plat of the township 
containing such land shall have been Tiled in the local United States 
land office, on or before the first day of January, 1877 • provided 
furtherj That any owner of a bona fide mining claim who shall have en¬ 
tered into an agreement with the applicant for any portion of a sixteenth 
or thirty-sixth section upon which said mining claim is situated, for the 
procurement of a title for'the same, shall not avail himself of the pro¬ 
visions of this section. The Governor of this State shall not sign any 
patent contrary to the provisions of this act. 

Stats. 1873-4, p. 766. Approved March 28, 1874, as amended Feb¬ 
ruary 3, 1876.—Stats. 1875-6, p. 20; and April 6, 1880.—Stats. 1880, 
p. 26. 


STATE AND.TERRITORIAL MINING LAWS. 


59 

An Act to amend an Act entitled an Act regulating the sale of 

Mineral Lands belonging to the State, Approved March 
twenty-eighth, eighteen hundred and seventy-four. 

The Peopley etc. 

Section i. —Section three of ‘‘an act regulating the sale of mineral 
lands belonging to the State, approved March twenty-eighth, eighteen 
hundred and seventy-four,” is hereby amended so as to read as follows : 

Sec. 3.—When a contest shall arise as to the mineral character of the 
lands applied for, or from any other cause, the Surveyor-General, or the 
Register before whom the contest is made, must, within thirty days after 
the adverse application is filed, unless sooner referred, at the request of 
either claimant, make an order referring such contest to the Superior 
Court of the county within which the land is situated, and must enter 
such order in the proper book of his office, and forward a copy thereof 
to the clerk of the court to which the reference is made. Upon the 
filing of a copy of such order with the clerk of the court, either party 
may commence an action in said court to determine the conflict, and 
the court shall have full and complete jurisdiction to hear and determine 
the same. Unless an action shall be commenced within ninety days 
after the copy of the order of reference shall have been filed with the 
clerk of the court, the party making such demand, or the adverse claim¬ 
ant, if the case is referred without demand, shall be deemed to have 
waived and surrendered his or her right to purchase, and the Surveyor- 
General or Register shall proceed as though his or her application had 
not been made. 

Sec. 2.—This act shall take effect and be in force from and after its 
passage. 

Approved April 6, 1880. 

[Laws of 1880. p. 26.] 



j 


6 o 


STATE AND TERRITORIAL MINING LAWS. 


COLOHADO. 

An Act Concerning Mines. 

Be it eftacted by the Council and House of Representatives of Colorado 

Territory: 

Section i. —Length. —The length of any lode claim hereafter lo¬ 
cated may equal, but not exceed fifteen hundred feet along the vein. 

Sec. 2.— Width. —The width of lode claims hereafter located in 
Gilpin, Clear Creek, Boulder, and Summit counties, shall be seventy- 
five feet on each side of the center of the vein or crevice; and in all 
other counties the width of the same shall be one hundred and fifty feet 
on each side of the center of the vein or crevice : Provided, That here¬ 
after any county may, at any general election, determine upon a greater 
\yidth, not exceeding three hundred feet on each side of the center of 
the vein or lode, by a majority of the legal votes cast at said election, 
and any county, by such vote at such election, may determine upon a 
less width than above specified. 

Sec. 3.— Location Certificate. —The discoverer of a lode shall, 
within three months from the date of discovery, record his claim in the 
office of the recorder of the county in which such lode is situated* by a 
location certificate, which shall contain: ist, the name of the lode; 
2d, the name of the locator ; 3d, the date of location ; 4th, the number 
of feet in length claimed on each side of the center of the discovery 
shaft; 5th, the general course of the lode as near as may be. 

Sec. 4. Any location certificate of a lode claim which shall not con¬ 
tain the name of the lode, the name of the locator, the date of location, 
the number of lineal feet claimed on each side of the discovery shaft, 
the general course of the lode, and such description as shall identify the 
claim with reasonable certainty, shall be void. 

Sec. 5.— Discovery Shaft and Staking. —Before filing such loca 
tion certificate, the discoverer shall locate his claim by first sinking a 
discovery shaft upon the lode, to the depth of at least ten feet from the 
lowest part of the rim of such shaft at the surface, or deeper, if neces¬ 
sary to show a well-defined crevice. Second, by posting at the point of 
discovery on the surface, a plain sign or notice containing the name of 
the lode, the name of the locator, and the date of discovery. Third, 
by marking the surface boundaries of the claim. 

Sec. 6. Such surface boundaries shall be marked by six substantial 
posts, hewed or marked on the side or sides which are in toward the 
claim, and sunk in the ground, to wit: One at each corner and one at 
the center of each side line. Where it is practically impossible on ac¬ 
count of bed-rock or precipitous ground to sink such posts, they may be 
placed in a pile of stones. 

Sec. 7.— Equivalent to a Discovery Shaft. —Any open cut, 
cross-cut, or tunnel, which shall cut a lode at the depth of ten feet 
below the surface, shall hold such lode the same as if a discovery shaft 
were sunk thereon, or an adit of at least ten feet in along the lode, from 
the point where the lode may be in any manner discovered, shall be 
equivalent to a discovery shaft. 


STATE AjND TERRITORIAL MINING LAWS. 6i 

Sec. 8 . — Sixty Days. —The discoverer shall have sixty days from 
tlie time of uncovering or disclosing a lode to sink a discovery shaft 
thereon. 

Sec. 9.— Claim Defined by the Surface Lines. —-The location, 
or location certificate, of any lode claim shall be construed to include 
all surface ground within the surface lines thereof, and all lodes and 
ledges throughout their entire depth, the top or apex of which lies inside 
of such lines extended downward, vertically, with such parts of all 
lodes or ledges as continue to dip beyond the side lines of the claim, 
but shall not include any portion of such lodes or ledges beyond the 
end lines of the claim or the end lines continued, whether by dip or 
otherwise, or beyond the side lines in any other manner than by the dip 
of the lode. 

Sec. 10. If the top or apex of a lode in its longitudinal course ex¬ 
tends beyond the exterior lines of the claim at any point on the surface, 
or as extended vertically downward, such lode may not be followed in 
its longitudinal course beyond the point where it is intersected by the 
exterior lines. 

Sec. II. — Right of Way and Right of Surface. —All mining 
claims now located, or which may be hereafter located, shall be subject 
to the right of way of any ditch or flume for mining purposes, or of 
any tramway or pack trail, whether now in use, or which many be here¬ 
after laid out across any such location. Provided, always, That such 
right of way shall not be exercised against any location duly made and 
recorded, and not abandoned prior to the establishment of the ditch, 
flume, tramway, or pack trail, without consent of the owner, except by 
condemnation, as in case of land taken for public highways. Parol 
consent to the location of any such easement, accompanied by the com¬ 
pletion of the same over the claim, shall be .sufficient without writings. 
And provided further. That such ditch or flume shall be so constructed 
that the water from such ditch or flume shall not injure vested rights by 
flooding or otherwise. 

Sec. 12. When the right to mine is in any case separate from the 
ownership or right of occupancy to the surface, the owner or rightful 
occupant of the surface may demand satisfactory security from the 
miner, and if it be refused, may enjoin such miner from working until 
such security is given. The order for injunction shall fix the amount 
of bond. 

Sec. 13.— Re-location by the Owner. —If at any time the locator 
of any raining claim heretofore or hereafter located, or his assigns, shall 
apprehend that his original certificate was defective, erroneous, or that 
the requirements of the law had not been complied with before filing; 
or shall be desirous of changing his surface boundaries, or of taking 
in any part of an overlapping claim which has been abandoned; or in 
case the original certificate was made prior to the passage of this law, 
and he shall be desirous of securing the benefits of this Act, such loca¬ 
tor or his assigns may file an additional certificate, subject to the pro¬ 
visions of this Act. Provided, That such re-location does not interfere 
with the existing rights of others at the time of such re-location, and 
no such re-location or the record thereof, shall preclude the claimant or 
claimants from proving any such title or titles as he or they may have 
held under previous location. 


62 


STATE AND TERRITORIAL MINING LAWS. 


Sec. 14.—Labor.—The amount of work done, or improvements 
made during each year, shall be that .prescribed by the laws of the Uni¬ 
ted States. 

Sec. 15.—Proof of Labor.—Within six months after any set time, 
or annual period herein allowed for the performance of labor, or mak¬ 
ing improvements upon any lode claim, the person on whose behalf 
such outlay was made, or some person for him, shall make and record 
an affidavit, in substance as follows : 


State of Colorado \ 

County of -. J 

Before me, the subscriber, 
duly sworn, saith that at least 


personally appeared 


dollars’ worth of 


, who, being 
work or im¬ 


provements were performed or made upon [here describe claim or part 

of claim] situate in-mining district, county of-, State of 

Colorado. Such expenditure was made by or at the expense of-, 

owners of said claim, for the purpose of said claim. 

[Jurat.] [Signature.] 

And such signature shall be prima facie evidence of the performance 
of such labor. 

Sec. 16.—Relocation of Abandoned Claims.—The re-location 
of abandoned lode claims shall be by sinking a new discovery shaft and 
fixing new boundaries in the same manner as if it were the location of 
a new claim; or the re-locator may sink the original discovery shaft ten 
feet deeper than it-was at the time of abandonment, and erect new, or 
adopt the old boundaries, renewing the posts, if removed or destroyed. 
In either case a new location stake shall be erected. In any case, 
whether the whole or part of an abandoned claim is taken, the location 
certificate may state that the whole or any part of the new location is 
located as abandoned property. 

Sec. 17.—One Record for .Each Claim.—No location certificate 
shall claim more than one location, whether the location be made by 
one or several locators. And if it purport to claim more than one 
location, it shall be absolutely void, except as to the first location there¬ 
in described. And if they are described together, or so that it cannot 
be told which location is first described, the certificate shall be void as 
to all. 

Sec. 18. All Acts or parts of Acts in conflict with this Act, are re 
pealed. 

Sec. 19. This Act shall be in force from and after June 15, 1874. 

Approved February 13, 1874. 


An Act Concerning Mines. 

Be it enacted by the Co^incil and House of Representatives of Colorado 
Territory: 

Sec. I. —Right of Survey and Inspection.—In all actions pend¬ 
ing in any district court of this Territory, wherein the title or right of 
possession to any mining claim shall be in dispute, the said court, or the 
judge thereof, may, upon the application of any of the parties to such 
suit, enter an order for the underground as well as surface survey of 
such part of the property in dispute, as may be necessary to a just deter¬ 
mination of the question involved. Such order shall designate some 








STATE AND TERRITORIAL MINING LAWS. 


63 


competent surveyor, not related to any of the parties to such suit, nor 
in any wise interested in the result of the same; and upon the applica- 
tion of the party adverse to such application, the court may also 
appoint some competent surveyor, to be selected by such adverse appli¬ 
cant, whose duty it shall be to attend upon such survey, and observe the 
method of making the same; said second survey to be at the cost of 
the party asking therefor. It shall also be lawful in such order to 
specify the names of witnesses named by either party, not exceeding 
three on each side, to examine such property, who shall thereupon be 
allowed to enter into such property and examine the same; said court, 
or the judge thereof, may also cause the removal of any rock, debris, or 
other obstacle in any of the drifts or shafts of said property, when such 
removal is shown to be necessary to a just determination of the ques¬ 
tions involved; Provided, however, that’ no such order shall be made 
for survey and inspection, except in open court or'in chambers, upon 
notice of application for such order of at least six days, and not then 
except by agreement of parties, or upon the affidavit of two or more 
persons that such survey and inspection is necessary to the just deter¬ 
mination of the suit, which affidavits shall state the facts in such case, 
and wherein the necessity for survey exists; nor shall such order be 
made unless it appears that the party asking therefor had been refused 
the privilege Of survey and inspection by the adverse party. 

Sec. 2.— Mandatory Writ to Restore Possession. —The said 
district courts of this Territory, or any judge thereof, sitting in chan¬ 
cery, shall have, in addition to the power already possessed, power to 
issue writs of injunction for affirmative relief, having the force and 
effect of a writ of restitution, restoring any person or persons to the 
possession of any mining property from which he or they may have 
been ousted, by force and violence, or by fraud, or from which they 
are kept out of possession by threats, or whenever such possession was 
taken from him or them by entry of the adverse party on Sunday, or a 
legal holiday, or while the party in possession was temporarily absent 
therefrom. The granting of such writ to extend only to the right of pos¬ 
session under the facts of the case in respect to the manner in which 
the possession was obtained, leaving the parties to their legal rights on 
all other questions as though no such writ had issued. 

Sec. 3.— Unlawful Entry. —In all cases where two or more per¬ 
sons shall associate themselves together for the purpose of obtaining the 
possession of any lode, gulch, or placer claim, then in the actual pos¬ 
session of another, by force and violence, or threats of violence, or by 
stealth, and shall proceed to carry out such purpose by making threats 
against the party or parties in possession, or who shall enter upon such 
lode or mining claim for the purpose aforesaid, or who shall enter upon 
or into any lode, gulch, placer claim, quartz mill, or other mining 
property, or not being upon such property, but within hearing of the 
same,- shall make any threats, or make use of any language, signs, or 
gestures, calculated to intimidate any person or persons at work on said 
property, from continuing to work thereon or therein, or to intimidate 
others from engaging to work thereon or therein, every such person so 
offending, shall, on conviction thereof, be fined in a sum not to exceed 
two hundred and fifty dollars, and be imprisoned in the county jail not 
less than thirty days nor more than six months; such fine to be dis- 


64 


STATE AND TERRITORIAL ^MINING LAWS. 


cliarged either by payment or by confinement in said jail until such fine 
is discharged at the rate of two dollars and fifty cents (^$2.50) per day. 
'On trials under this section, proof of a common purpose of two or more 
persons to obtain possession of property as aforesaid, or to intimidate 
laborers as above set forth, accompanied or followed by any of the acts 
above specified by any of them, shall be sufficient evidence to convict 
any one committing such acts, although the parties may not be associ¬ 
ated together at the time of committing the same. 

Sec. 4.—Guilty of Murder.—If any person or persons shall asso¬ 
ciate and agree to enter or attempt to enter by force of numbers and 
the terror such numbers are calculated to inspire ; or by force and vio¬ 
lence, or by threats of violence against any person or persons in the 
actual possession of any lode, gulch, or placer claim; and upon such 
entry or attempted entry, any person or persons shall be killed, said 
persons, and all and each of them so entering or attempting to enter, 
shall be deemed guilty of murder in the first degree, and punished ac¬ 
cordingly. Upon the trials of such cases, any person or parties cog¬ 
nizant of such entry, or attempted entry, who shall be present, aiding, 
assisting, or in any wise encouraging such entry, or attempted entry, 
shall be deemed a principal in the commission of said offense. 

Sec. 5. This Act shall take effect and be in force from and after its 
passage. 

Approved, February 13, 1874. 

Placer Mining Claims. 

Be it enacted by the General Assembly of the State of Colorado : 

Section i. The discoverer of a placer claim shall, within thirty days 
from the date of discovery, record his claim in the office of the re¬ 
corder of the county in which said claim is situated, by a location cer¬ 
tificate, which shall contain : Firsts the name of the claim, designating 
it as a placer claim. Second, the name of the locator. Third, the date 
of location. Foiirth, the number of acres or feet claimed. And Fifth, 
a description of the claim by such reference to natural objects or per¬ 
manent monuments as shall identify the claim. 

Before filing such location certificate, the discoverer shall locate his 
claim: First, by posting upon such claim a plain sign or notice, con¬ 
taining the name of the claim, the name of the locator, the date of 
discovery, and the number of acres or feet claimed. Second, by mark 
ing the surface boundaries with substantial posts, and sunk in the 
ground, to wit: One at each angle of the claim. 

Sec. 2. On each placer claim of one hundred and sixty acres or 
more heretofore or hereafter located, and until a patent has been issued 
therefor, not less than one hundred dollars’ worth of labor shall be per¬ 
formed or improvements made by the first day of August, 1879, 
the first day of August of each year thereafter. On all placer claims 
containing less than one hundred and sixty acres, the expenditure dur¬ 
ing each year shall be such proportion of one hundred dollars, as the 
number of acres bears to one hundred and sixty. On all placer claims 
containing less than twenty acres, the expenditures during each year 
Vhall not be less than twelve dollars; but when two or more claims lie 
contiguous, and are owned by the same person, the expenditure hereby 
required for each claim may be made on any one claim; and upon a 


STATE AND TERRITORIAL MINING LAWS. 65 

failure to comply with these conditions, the claim or claims upon which 
such failure occurred, shall be open to relocation, in the same manner 
as if no location of the same had ever been made; provided^ that the 
original locators, their heirs, assigns, or legal representatives, have not 
resumed work upon the claim after failure and before such location; 
provided, the aforesaid expenditures may be made in building or repair¬ 
ing ditches to conduct water upon such ground, or in making other 
mining improvements necessary for the working of such claim. 

Upon the failure of any one of several co-owners to contribute his 
proportion of the expenditures required hereby, the co-owners who have 
performed the labor or made the improvements, may at the expiration 
of the year, to wit: the first of August, 1879, locations hereto¬ 

fore made, and one year from the date of locations hereafter made, give 
such delinquent co-owner personal notice in writing, or if he be a non¬ 
resident of the state, a notice by publication in the newspaper published 
nearest the claim for at least once a week for ninety days, and mailing 
him a copy of such newspaper if his address be known; and if at the 
expiration of ninety days after such notice in writing, or after the first 
publication of such notice, such delinquent should fail or refuse to con¬ 
tribute his proportion of the expenditure required by this action [sec¬ 
tion], his interest in the claim shall become the property of his co¬ 
owners who have made the required expenditures. 

[The foregoing was filed in the office of the Secretary of State by the 
Governor March 12, 1879, without his signature, and became a law 
under Section ii. Art. IV., Constitution of Colorado.] 

MISCELLANEOUS GENERAL LAWS, 1877. 

Taxation. 

Extract from the Constitution of Colorado. 

Art. X., Sec. 3. —Mines Exempt.—Page 58. Mines and mining 
claims bearing gold, silver, and other precious metals (except the net 
proceeds and surface improvements thereof), shall be exempt from tax¬ 
ation for the period of ten years from the date of the adoption of this 
constitution (July i, 1876), and thereafter may be taxed as provided by 
law. 

Penal Provisions. 

764. Sec. 169. —False Weights. If any person shall knowingly 
have, keep, or use any false or fraudulent scales or weights for weighing 
gold or gold dust, or any other article or commodity, every such person 
so offending shall, on conviction, be fined not exceeding five hundred 
dollars, or imprisoned in the county jail not exceeding six months. 

765. Sec. 170. —Punishment for Certain Mill-Owners.—The 
owner, manager, or agent of any species of quartz mill, arastra mill, 
furnace, or cupel, employed in extracting gold from quartz, pyrites, or 
other minerals, who shall neglect or refuse to account for or pay over 
and deliver all the proceeds thereof to the owner of such quartz, 
pyrites, or other minerals, excepting such portion of said proceeds as 
he is entitled to in return for his services, shall, on conviction, be fined 
in a sum not exceeding one thousand dollars, or be imprisoned in the 
penitentiary not exceeding one year. 

5 


66 


STATE AND TERRITORIAL MINING LAWS. 


776. Sec. 181.— Salting Ores. —That every person who shall min¬ 
gle or cause to be mingled with any sample of gold or silver bearing 
ore, any valuable metal or substance whatever, that will increase or in 
any way change the value of said ore, with the intent to deceive, cheat, 
or defraud any person or persons, shall, on conviction thereof, be pun¬ 
ished by a fine not less than $500 nor more than ^1,000, or by confine¬ 
ment in the penitentiary for a term of not less than one nor more than 
fourteen years, or by both such fine and imprisonment. 

1603. Sec. I. —Destroying Landmarks. —That if any person 01 
persons shall willfully and maliciously deface, remove, pull down, in¬ 
jure, or destroy any location-stake, side-post, corner-post, landmark, or 
monument, or any other legal land boundary monument in this state, 
designating, or intending to designate the location, boundary, or name 
of any mining claim, lode, or vein of mineral, or the name of the dis¬ 
coverer, or date of discovery thereof; the person or persons so offend¬ 
ing shall be guilty of a m.isdemeanor, and, on conviction thereof, shall 
be fined not more than one thousand dollars, or imprisoned not more, 
than one year, at the discretion of the court ; provided, that this Act 
shall not apply to abandoned property. 

673. Sec. 78.— Passing Counterfeit Gold Dust. —Every person 
who shall mingle or procure to be mingled with any uncoined gold or 
gold dust now current, or which shall hereafter be current in this state, 
any counterfeit gold dust, or counterfeit uncoined gold, or any base 
metal or substance whatever, with intent to utter or pass the same, or to 
procure the same to be uttered or passed as gold dust or uncoined gold, 
shall, on conviction thereof, be punished by a fine not to exceed one 
thousand dollars, or by confinement in the penitentiary for a term not 
less than one year nor more than fourteen years. 

1961. Sec. 5.— Buying Stolen Ore. —Any person, association, or 
corporation, or the agent of any person, association, or corporation, 
who shall knowingly purchase or contract to purchase, or shall make 
any payment for or on account of any ore, which shall have been taken 
from any mine or claim, by persons who have taken or may be holding 
possession of any such mine or claim, contrary to any penal laAv now in 
force, or which may be hereafter enacted, shall be considered as an 
accessory after the fact to the unlawful holding or taking of such mine 
or claim, and upon conviction shall be subjected to the same punish¬ 
ment to whjch the principals may be liable. 

1962. Sec. 6 . —False Mill Weights. —x\ny person, association, or 
corporation, or the agent of any person, association or corporation en¬ 
gaged in the business of milling, sampling, concentrating, reducing, 
shipping, or purchasing ores as aforesaid, who shall keep or use any 
false or fraudulent scales or weights for weighing ore, or who shall keep 
or use any false or fraudulent assay scales or weights for ascertaining the 
assay value of ore, knowing them to be false, every person so offending 
shall be deemed guilty of a misdemeanor, and on conviction thereof, 
shall be fined in a sum not exceeding one thousand (1,000) dollars, nor 
less than one hundred (100) dollars, or imprisonment not more than 
one year, or both, at the discretion of the court. 

1963. Sec. 7.— False Mill Returns. —Any person, corporation, or 
association, or the agent of any person, corporation, or association, en¬ 
gaged in the milling, sampling, concentrating, reducing, shipping, 01 


STATE AND TERRITORIAL MINING LAWS. 67 

purchasing of ores in this state, who shall, in any manner, knowingly 
alter or change the true value of any ores delivered to him or them, so 
as to deprive the seller of the result of the correct value of the same, 
or who shall substitute other ores for that delivered to him or them, or 
who shall issue any bill of sale or certificate of purchase that does not 
exactly and truthfully state the actual weight, assay value, and total 
amount paid for any lot or lots of ore purchased, or who, by any secret 
understanding or agreement with another, shall issue a bill of sale or 
certificate of purchase that does not truthfully and correctly set forth 
the weight, assay value, and total amount paid for any lot or lots of ore 
purchased by him or them, shall be deemed guilty of a misdemeanor, 
and on conviction thereof shall be fined in a sum not exceeding one 
thousand (1,000) dollars, nor less than one hundred (100) dollars, or 
imprisonment not more than one year, or both, at the discretion of the 
court. 

1964. Sec. 8.— Larceny of Ores. —If any person, lessee, licensee, 
or employee in or about any mine in this State, shall break and sever, 
with intent to steal the ore or mineral from any mine, lode, ledge, or 
deposit in this State, or shall take, remove, or conceal the ore or min¬ 
eral from any mine, lode, ledge, or deposit, with intent to defraud the 
owner or owners, lessee, or licensee of any such mine, lode, ledge, or 
deposit, such offender shall be deemed guilty of felony, and on convic¬ 
tion, shall be punished as for grand larceny. 

Drainage of Mines. 

1830. Section i. — Proportionate Share. —Whenever contiguous 
and adjacent mines upon the same or upon separate lodes have a 
common ingress of water, or from subterraneous communication of the 
water have a common drainage, it shall be the duty of the owners, 
lessees, or occupants of each mine so related to provide for their pro¬ 
portionate share of the drainage thereof. 

1831. Sec. 2.— Failure to Drain. —Any parties so related, failing 
to provide as aforesaid, for the drainage of the mines owned or occu¬ 
pied by them, thereby imposing an unjust burden upon neighboring 
mines whether owned or occupied by them, shall pay respectively to 
those performing the work of drainage, their proportion of the actual 
and necessary cost and expense of doing such drainage, to be recovered 
by an action in any court of competent jurisdiction. 

1832. Sec. 3.— Draining Corporation. —It shall be lawful for all 
mining corporations or companies, and all individuals engaged in min¬ 
ing, having thus a common interest in draining such mines, to unite for 
the purpose of effecting the same, under such common name and upon 
such terms and conditions as may be agreed upon; and every such 
association, having filed a certificate of incorporation, as provided by 
law, shall be deemed a corporation, with all the rights, incidents, and 
liabilities of a body corporate, so far as the same may be applicable. 

1833. Sec. 4.— Failure to Mutually Agree. —Failing to mutually 
agree, as indicated in the preceding section, for drainage jointly, one 
or more of the said parties may undertake the work of drainage, after 
giving reasonable notice; and should the remaining parties then fail, 
neglect or refuse to unite in equitable arrangements for doing the work, 
or sharing the expense thereof, they shall be subject to an action there- 


68 


STATE AND TERRITORIAL MINING LAWS. 


for as already specified, to be enforced in any court of competent juris¬ 
diction. 

1834. Sec. 5. —Court Proceedings. —When action is commenced 
to recover the cost and expenses for draining a lode or mine, it shall be 
lawful for the plaintiff to apply to the court, if in session, or to the 
judge thereof in vacation, for an order to inspect or examine the lodes 
or mines claimed to have been drained by the plaintiff; or some one 
for him, shall make affidavit that such inspection or examination is 
necessary for a preparation of the case for trial. The court or judge 
shall grant an order for the underground inspection and examination of 
the lode or mines described in the petition. Such order shall designate 
the number of persons, not exceeding three besides the plaintiff or his 
representative, to examine and inspect such lode and mines, and take 
the measurement thereof, relating the amount of water drained from 
the lode or mine, or the number of fathoms of ground mined and 
worked out of the lode or mines claimed to have been drained, the cost 
of such examination and inspection to be borne by the party applying 
therefor. The court or judge shall have power to cause the removal of 
any rock, debris, or other obstacles in any lode or vein, when such 
removal is shown to be necessary to a just determination of the question 
involved; provided, that no such order for inspection and examination 
shall be made except in open court, or at chambers, upon notice of 
application for such order of at least three days, and not then except by 
agreement of parties, nor unless it appears that the plaintiff has been 
refused the privilege of making the inspection and examination by the 
defendant, his or their agent. 

1835. Sec. 6. —Water Beyond Control. —That hereafter, when 
any person or persons, or corporation, shall be engaged in mining or 
milling, and in the prosecution of such business shall hoist or raise 
water from the mines or natural channels, and the same shall flow away 
from the premises of such persons, or corporations, to any natural 
channel or gulch, the same shall be considered beyond the control of the 
party so hoisting or raising the same, and may be taken and used by 
other parties the same as that of natural water courses. 

1836. Sec. 7. —Liable for Injury. —After any such water shall 
have been so raised, and the same shall have flown into any such natural 
channel, gulch, or draw, the party so hoisting or raising the same shall 
only be liable for injury caused thereby, in the same manner as riparian 
owners along natural water courses. 

1837. Sec. 8 . —Undeveloped Mines. —The provisions of this Act 
shall not be construed to apply to incipient or undeveloped mines, but 
to those only which shall have been opened, and shall clearly derive a 
benefit from being drained. 

1838. Sec. 9.— Admissible Evidence. —In trial of cases arising 
under this Act, the court shall admit evidence^ of the normal stand, or 
position of the water while at rest in an idle mine, also the observed 
prevalence of a common water level, or a standing water line in the 
same, or separate lodes; also, the effect (if any) the elevating or 
depressing the water by natural or mechanical means in any given lode, 
lias upon elevating or depressing the water in the same, contiguous, or 
separate lodes or mines; also, the effect which draining or ceasing to 
drain any given lode or mine had upon the water in the same or con- 


STATE AND TERRITORIAL MINING LAWS. 69 

tiguous or separate lodes or mines, and all other evidence which tends 
to prove the common ingress or subterraneous communication of water 
into the same lode or mine, or contiguous or separate lodes or mines. 

Ore. 

1957. Section i. —Contents of Record. —That every person, 
association, or corporation that shall be engaged in the business of mill¬ 
ing, sampling, concentrating, reducing, shipping, or purchasing ores in 
the State of Colorado, shall keep and preserve a book in which shall be 
entered at the time of the delivery of each lot of ore : 

First —The name of the party on whose behalf such ore is delivered, 
as stated. 

Second —The name of the teamster, packer, or other persons actually 
delivering such ore, and the name of the owner of the team or pack 
train delivering such ore. 

Third —The weight or amount of every such lot of ore. 

Fourth —The name and location of the mine or claim from which ii 
shall be stated that the same has been mined or procured. 

Fifth —The date of delivery of any and all lots or parcels of ore. 

1958. Sec. 2.— Proceedings when Ore is Stolen. —Whenever 
affidavit shall have been made before any police magistrate of any town 
in this State, or any justice of the peace of any county, by any person, 
that ore has been stolen from him, stating as near as may be the amount 
and value of the ore stolen, such person upon presentation of a certified 
copy of such affidavit, shall have access to such book, and may examine 
the entries which may have been made therein during a period of 
fifteen days next preceding the filing of such affidavit; provided, 

the person making such affidavit shall, at the time of making the.same, 
have a present interest in the product of the mine or claim from which 
said ore has been stolen, or in the ore alleged to have been stolen. 

1959. Sec. 3. —Failure to Keep Required Books. —Every per¬ 
son, association, or corporation that shall fail or refuse to keep the book 
required by the terms of the first section of this Act, or shall fail or 
refuse to make any proper entry therein, or who shall make any false 
entry therein, or who shall refuse to any person who may be entitled to 
the same, as provided by section two (2) of this Act, the right of in¬ 
spection thereof, shall forfeit and pay for each and every violation of 
the provisions of said section a penalty of not less than fifty (50) nor 
more than three hundred (300) dollars, to be collected by action of 
debt at the suit of any person who may sue for the same. In addition 
to such penalty, any person, association, or corporation violating the 
provisions of said first section, shall be liable at the suit of the party or 
persons aggrieved, in the proper form of action, for all damages which 
may accrue to any party or person by reason of such violation. And 
in all actions the fact that a false entry has been made shall be prima 
facie evidence that the same was made wilfully or knowingly. 

1960. Sec. 4. —Failure to Make Inquiries. —If any person, asso¬ 
ciation, or corporation shall fail or neglect to make the inquiries neces¬ 
sary to the making of the proper entries in said book, as provided in 
section one (i) of this Act, or shall so negligently make entries therein 
that any lot of ore cannot be particularly identified, or so negligently 
that it cannot be perceived therefrom what person delivered any lot of 


70 


STATE AND TERRITORIAL MINING LAWS. 


ore or received the proceeds of the same when purchased, or shall fail 
to keep such book, or shall wilfully suffer the same to be lost, or mislaid, 
so that the same cannot be produced for inspection, such failure or ne¬ 
glect shall not excuse any party defendant in any suit brought under 
the preceding section from judgment for any penalty prescribed by said 
section. 

Water Rights. 

1798. Sec. 2.— Right of Way. —Whenever any person or persons 
are engaged in bringing water into any portion of the mines, they shall 
have the right of w^ay secured to them, and may pass over any claim, 
road, ditch, or other structure; provided, the water be guarded so as not 
to interfere with prior rights. 

1821. Sec. II. All mining claims now located, or which maybe 
hereafter located, shall be subject to the right of way of any ditch or 
flume for mining purposes, or of any tramway or pack-trail, whether 
now in use, or which may be hereafter laid out across any such location; 
provided, always, that such right of way shall not be exercised against 
any location duly made and recorded, and not abandoned prior to the 
establishment of the ditch, flume, tramway, or pack-trail, without con¬ 
sent of the owner, except by condemnation, as in case of land taken 
for public highways. Parol consent to the location of any such ease¬ 
ment, accompanied by the completion of the same over the claim, shall 
be sufficient without writings; andp 7 'ovidedfurther, \h 2 X such ditch or 
flume shall be so constructed that the water from such ditch or flume 
shall not injure vested rights by flooding or otherwise. 

2779. Sec. 3.— Miners’ Inch. — * * And water sold by the inch 

by any individual or corporation, shall be measured as follows, to wit: 
Every inch shall be considered equal to an inch square orifice under a 
five-inch pressure, and a five-inch pressure shall be from the top of the 
orifice of the box put into the banks of the ditch, to the surface of 
water; said boxes, or any dot or aperture through which such water 
may be measured, shall in all cases be six inches perpendicular inside 
measurement, except boxes delivering less than twelve inches, which 
may be square, with or without slides; all slides for the same shall move 
horizontally and not otherwise; and said box put into the banks of 
ditch shall have a descending grade from the water in ditch of not less 
than one-eighth of an inch to the foot. 

Tailings. 

1804. Sec. 8.— Miners Responsible. —In no case shall any per¬ 
son or persons be allowed to flood the property of another person with 
water, or wash down the tailings of his or their sluice upon the claim or 
property of other persons, but it shall be the duty of every miner to 
take care of his own tailings, upon his own property, or become re¬ 
sponsible for all damages that may arise therefrom. 

Hauling Quartz. 

1805. Sec. 9. —Right of Way. —Every miner shall have the right 
of way across any and all claims for the purpose of hauling quartz from 
his claim. 


STATE AND TERRITORIAL MINING LAWS. 


71 


Mining Claims, Real Estate, Actions. 

185. Sec. 26.— Definitions. —The terms ‘Mand” and “real es¬ 
tate,’’ as used in this chapter, shall be construed as co-extensive in 
meaning with the terms “lands, tenements, hereditaments,” and as 
embracing mining claims and other claims, and chattels real. The 
term “deed” includes mortgages, leases, releases, and every convey¬ 
ance or encumbrance under seal. 

2126. Sec. 3.— Transferable Interest. —The owner of every 
claim or improvement, on every tract or parcel of land, has a transfer¬ 
able interest therein, which may be sold in execution or otherwise; and 
any sale of such improvement is a sufficient consideration to sustain a 
promise. 

2131. Sec. 8.— Claimant May Maintain Action. —Any person 
settled upon any of the public lands belonging to the United States, 
may maintain trespass quare clausum fregit, trespass, ejectment, forcible 
entry and detainer, unlawful detainer, and forcible detainer, for inju¬ 
ries done to the possession thereof. 

2135. Sec. 12.— City and Village Lots. —Any person who may 
have a title to occupy any lot or lots within any city or village plot, or 
any lots or mining claim within any mining district in this state, in 
virtue of a certificate, deed of gift or purchase from the original claim¬ 
ant or claimants, or their assigns, as well as all purchasers, under any 
decree or execution of any of the so-called provisional government 
courts, peoples’ or miners’ courts, of the lands situate within any city 
or village plot, or any lots, land, or mining claims situate within any 
mining district, together with the original claimant or claimants of said 
lots, land, or mining claims, shall be entitled to maintain the actions 
authorized by the eighth section of this chapter, against any and all 
persons who shall enter upon and occupy said lots, lands, or mining 
claims, or any of them; provided^ it shall be lawful for the citizens of 
any mining district to declare an abandonment of any creek, river, 
gulch, bank, or mining claim a forfeiture of the rights of the claimants 
thereto; in which case the parties claim.ant shall not be enabled to 
maintain either of the actions mentioned in section eight of this 
chapter. 

2136. Sec. 13.— United States Title. —Nothing in this chapter 
contained shall be construed to deny the right of the United States to 
dispose of any lands in this state; nor shall the fact that the title to any 
lots, lands, lodes, or mining claims hath not passed from the United 
States, be any bar to the recovery of the plaintiff in either of the ac¬ 
tions specified in section eight of this chapter. As against the United 
States, and all persons holding any of said lands under the United 
States, or the laws thereof, this chapter shall be of non-effect and void. 

For laws as to liens of miners and mechanics, see Session Laws of 
1881, p. 168; Laws of 1883, p. 225. 


72 


STATE AND TERRITORIAL MINING LAWS. 


DAKOTA. 

Location and Size of Lodes and Mining Claims. 

1. Length of Lode. —The length of any lode claim hereafter lo¬ 
cated within this Territory may equal, but shall not exceed, fifteen hun- 
dred feet along the vein or lode. 

2. Width of Lode. —The width of lode claims shall be one hun¬ 
dred and fifty feet on each side of the center of the vein or crevice; 
Provided^ That any county may, at any general election, determine 
upon a greater width not exceeding three hundred feet on each side of 
the center of the vein or lode, by a majority of the legal votes cast at 
said election; and any county, by such vote at such election, may de¬ 
termine upon a less width than above specified; Pi'ovided, That hot 
less than twenty-five feet on each side of the vein or lode shall be pro¬ 
hibited. 

3. Discoverer to Record His Claim. —That the discoverer of a 
lode shall, within twenty days from the date of discovery, record his 
claim in the office of the register of deeds of the county in which such 
lode is situated, by a location certificate, which shall contain; 

(1) The name of the lode. 

(2) The name of the locator. 

(3) The date of location. 

(4) The number of feet in length claimed, on each side of the discov¬ 
ery shaft. 

(5) The number of feet in width claimed on each side of the vein oj 
lode. 

(6) The general course of the lode, as near as may be. 

4. When Certificate Void. —Any location certificate of a lode 
claim which shall not contain the name of the lode, the name of the 
locator, the date of location, the number of lineal feet claimed on each 
side of the discovery shaft, the number of feet in width claimed, the 
general course of the lode, and such description as shall identify the 
claim with reasonable certainty, shall be void. 

5. Manner of Locating Claim. —Before filing such location cer¬ 
tificate, the discoverer shall locate his claim by first sinking a discovery 
shaft thereon sufficient to .show a well-defined mineral vein or lode; 
second, by posting at the point of discovery, on the surface, a plain 
sign or notice containijig the name of the lode, the name of the loca¬ 
tor, and the date of discovery, the number of feet claimed in length on 
either side of the discovery, and the number of feet in width claimed 
on each side of the lode; third, by marking the surface boundaries of 
the claim. 

6. Marking Surface Boundaries. —Such surface boundaries shall 
be marked by eight (8) substantial posts, hewed or blazed on the side 
or sides facing the claim, and sunk in the ground, to wit: one at each 
corner, and one at the centre of each side line, and one at each end of 
the lode. When it is impracticable, on account of rocks or precipitou 
ground, to sink such posts, they may be olaced in a monument of 
stone. 



STATE AND TERRITORIAL MINING LAWS. 


73 


7. Requisite of Location. —Any open cut, cross cut, or tunnel, at 
a depth sufficient to disclose the mineral vein or lode, or an adit of at 
least ten (10) feet in along the lode, from a point where the lode may 
be in any manner discovered, shall be equivalent to a discovery shaft. 

8. Time Discoverer Has to Perform Labor. —The discoverer 
shall have thirty days from the time of uncovering or disclosing a lode, 
to sink a discovery shaft thereon. 

9. Certificate Construed to Contain. —The location, or location 
certificate, of any lode claim shall be construed to include all surface 
ground within the surface lines thereof, and all lodes and ledges 
throughout their entire depth, the top or apex of which lies inside of 
such lines extended vertically, with such parts of all lodes or ledges as 
continue, by dip beyond the side lines of the claim, but shall not in^ 
elude any portion of such lodes or ledges beyond the end lines of the 
claim, or the end lines continued, whether by dip or otherwise, or be¬ 
yond the side lines in any other manner than by the dip of the lode. 

10. Claim Not Beyond Exterior Lines. —If the top or apex of 
the lode in its longitudinal course extends beyond the exterior lines of 
the claim at any point on the surface, or as extended vertically down¬ 
ward, such lode may not be followed in its longitudinal course beyond 
the point where it is intersected by the exterior. 

11. Claims Subject to Right of Way. —All mining claims now 
located, or which may be hereafter located, shall be subject to the right 
of way of any ditch or flume for mining purposes, or of any tramway 
or pack trail which is now in use, or which may be hereafter laid out 
across any such location : Provided always, That such right of way 
shall not be exercised against any location duly made and recorded, and 
not abandoned prior to the establishment of the ditch, flume, tramway, 
or pack-trail, without consent of the owners, except by condemnation, 
as in case of land taken for public highways; parol consent to the lo¬ 
cation of any such easement, accompanied by the completion of the 
same over the claim, shall be sufficient without writing; and provided 
further, That such ditch or flume be so constructed that the water from 
such ditch or flume shall not injure vested rights by flooding or other¬ 
wise. 

12. Owner May Demand Security from Miner. —When the 
right to mine is in any case separate from the ownership or right of oc¬ 
cupancy to the surface, the owner or rightful occupant of the surface 
may demand satisfactory security from the miner, and if it be refused, 
may enjoin such miner from working until such security is given. The 
order for injunction shall fix the amount of bond. 

13. Filing an Amended Certificate. —If at any time the locator 
of any mining claim heretofore or hereafter located, or his assigns, shall 
apprehend that his original certificate was defective, erroneous, or that 
the requirements of the law had not been complied with before filing, 
or shall be desirous of changing his surface boundaries, or of taking in 
any part of an overlapping claim which has been abandoned, or in case 
the original certificate was made prior to the passage of this law, and 
he shall be desirous of securing the benefit of this act, such locator or 
his assigns may file an additional certificate subject to the provisions of 
this act: Provided, That such relocation does not interfere with the ex¬ 
isting rights of others at the time of such relocation, and no such relo 


74 


STATE AND TERRITORIAL MINING LAWS. 


cation or the record thereof shall preclude the claimant or claimants 
from proving any such title or titles as he or they may have held under 
previous locations. 

14. Work Performed Annually. —The amount of work to be 
done or improvements made during each year, to hold possession of a 
mining claim, shall be that prescribed by the laws of the United States, 
to wit; one hundred dollars annually. 

15. Affidavit of Labor to be Made. —Within six months aftej 
any set time or annual period herein allowed for the performance of 
labor or making improvements upon any lode claim, the person on 
whose behalf such outlay was made, or some person for him, shall make 
and record an affidavit in substance as follows: 


Territory of Dakota, 

County of-. 

Before me, the subscriber, personally appeared -, who, being 

duly sworn, says that at least-dollars’ worth of work or improve 

ments were performed or made upon [here describe the claim or claims, 

or part thereof] prior to the — day of-, A. D. 18—, situate in 

-mining district, county of-, Territory of Dakota. Such 

expenditure was made by or at the expense of-, owner of said 

claim, for the purpose of holding said claim. 

[Jurat.] [Signature.] 

And such certificate, when recorded in the office of the register of 
deeds of the county wherein such claim is located, shall be privia facie 
e/idence of the performance of such labor. 

16. Relocating Abandoned Claims. —The relocation of aban¬ 
doned lode claims shall be by sinking a new discovery shaft, and fixing 
new boundaries, in the same manner as if it were the location of a new 
claim; or the relocator may sink the original shaft, cut, or adit to a 
sufficient depth to comply with sections five and seven of this chapter, 
and erect new or adopt the old boundaries, renewing the posts if re¬ 
moved or destroyed. In either case, a new location stake shall be 
erected. In any case, whether the whole or part of an abandoned 
claim is taken, the location certificate must state that the whole or any 
part of the new location is located as abandoned property. 

17. One Certificate, One Location. —No location certificate 
shall claim more than one location, whether the location be made by 
one or several locators; and if it purport to claim more than one loca¬ 
tion, it shall be absolutely void, except as to the first location therein 
described; and if they are described together, or so that it cannot be 
told which location is first described, the certificate shall be void as to 
all. 

18. Fee for Recording. —The register of deeds shall be entitled to 
receive the sum of one dollar for each location certificate recorded and 
certified by him, and shall furnish the locator or locators with a certi¬ 
fied copy of such certificate when demanded, for which he shall be en¬ 
titled to receive fifty cents. 

Revised Code of Dakota, 1877, p. 159. 










STATE AND TERRITORIAL MINING I AWS. 


75 


Location of Lodes. 

An Act to a7ncnd Chapter ji of the Political Code. 

Be it enacted, etc. 

Section i.—D iscoverer entitled to sixty days before record¬ 
ing. ^ That section 3 of chapter 31 of the Political Code be, and the 
same is hereby amended by striking out the word ‘‘twenty ” where it 
occurs in the second line thereof, and inserting in lieu thereof the word 
“sixty.” 

Sec. 2.— Name of locators. That subdivision 2 of section 3 of said 
chapter be amended by adding after the word “locator ” the words “or 
locators.” 

Sec. 3. — Name of locators. That section 5 of said chapter be 
amended by adding after the word “locator” where it appears in the 
fifth line thereof, the words “or locators.” 

Sec. 4. —Marking boundaries. That section 6 of said chapter be 
amended by adding after the word “ claim ” the following; “and plainly 
marked with the name of the lode and the corner, end or side of the 
claim that they respectively represent.” ^ 

Sec. 5.—Locators entitled to sixty days to perform labor. 
That section 8 of said chapter be amended by striking out the word 
“thirty” and inserting in lieu thereof the word “sixty.” 

Sec. 6.— Time of doing annual work. That section 14 of said 
chapter be amended by adding at the end of said section the following: 
“ Provided, That the period within which the work required to be done 
annually on all unpatented claims so located, shall commence on the 
first day of January succeeding the date of location of such claim.” 

Sec. 7. —That section 15 of said chapter be and the same is hereby 
repealed. 

Sec. 8.— This act shall take effect and be in force from and after its 
passage and approval. 

E}idorsed.—Received at Executive Office, Feb7’uary 28, at y:jo P. M. 

Note by the Secretary of the Territory. 

The foregoing act having been presented to the Governor of the Ter¬ 
ritory for his approval, and not having been returned by him to the 
House of the Legislative Assembly in which it originated, within the 
time prescribed by the Organic Act, has become a law without his ap¬ 
proval. 

Geo. H. Hand, 

[Laws of 1881. p. 123.] Secretary of the Territory. 

Liens. 

An Act to create a lien for 7niners a7id laborers in certain cases. 

Be it enacted, etc. 

Section i.—M iner to have lien upon mine for work done or 
material furnished. That every miner or other person who, at the 
request of the owner or owners, or his or their agents, of any lode, lead, 
ledge, mine or deposit bearing gold, cinnabar, or copper, or of any coal 
bank or mine, or at the request of any contractor or sub-contractor, shall 
])erform any labor whatever on said mine, or furnish any timber, rope. 


STATE AND TERRITORIAi. MINING LAWS. 


76 

nails or any other materials for timbering shafts or levels for the mine 
owned by such owner or owners, or who shall furnish any kind of materials 
for erecting any windlass, whims, or any other hoisting apparatus or ma¬ 
chinery, or for any car track, cars, tunnels, drifts or openings thereon, 
or shall perform any labor on any tunnel, shall have a lien upon such 
lode, lead, ledge, mine, deposit, bank or tunnel to secure the payment 
of the same. 

Sec. 2.—When labor is performed for contractor, owner to 
pay, when. Every miner or other person doing and performing any 
work or furnishing any materials as specified in section one of this act 
under a contract, either express or implied, between the owner or owners 
of any mine, or his or their agent, and any contractor working on such 
mine, whether such work shall be performed or materials furnished as 
miner, laborer or otherwise, whose demand for work so performed or 
materials so furnished has not been paid, may deliver to the owner or 
owners of such mine or tunnel, or to his or their agent or superintendent, 
an attested account of the amount and value of the work and labor thus 
performed or of the materials thus furnished and remaining unpaid, and 
thereupon such owner or owners or his or their agent, shall retain out 
of the first subsequent payments to such contractor the amount so due 
for such work and labor, or materials furnished, for the benefit of the 
person so performing or purchasing the same. 

[Sections 3 to 7 refer to mode of procedure— Editor.] 

Sec. 8.— This act to apply to oil wells, etc. The provisions of 
this act shall apply to oil wells or springs, iron and lead mines, as well as 
all other mines not herein specified, so far as the same may be applicable. 

Sec. 9.—This act shall take effect and be in force from and after its 
passage and approval. 

Approved, February i, 1879. 

[Laws of 1879. p. 114.] 

For law relative to water rights, see laws of 1881, p. 226, and for 
right of way and easements, p. 124, same session. 


STATE AND TERRITORIAL MINING LAWS. 


IDAHO. 

Miners’ Lien. 

Sec. 12. — Quartz Mine or Material. —Every sub-contractor, 
journeyman, laborer, or other person, performing labor or furnishing 
materials for any contractor, in or upon any quartz claim, ledge, or 
mine, in working in the same or in the improvement or development 
thereof in the completion or performance of any contract entered into 
by any person in this Territory, every such person or persons so per¬ 
forming such labor or furnishing such material shall have a lien upon 
all the interest in such quartz claim, ledge, or mine, of the person or 
persons employing him or them, or purchasing such materials with the 
improvements thereon and appurtenances thereto belonging, and also 
upon all the interest of the person or persons for whom such person or 
persons acts as agent, or the owner or owners, for the value of such 
work, or labor or materials furnished, and all the provisions of this act 
shall apply in respect to recording, recovering, and enforcing such liens 
provided for in this section: provided^ the person or persons claiming 
such lien shall within thirty days after the performance of such labor or 
furnishing such materials, give notice in writing to any person or per¬ 
sons, agent or agents, owner or owners, and shall within forty days file 
their lien in other respects as provided by this act. 

Sec. 13. — Quartz Mine or Ore. —When any person or persons 
shall do or perform any work or labor in or upon or for any quartz 
claim, mine, or ledge, in working the same or in the improvement or 
development thereof; or in the preparation of the ores thereof for re¬ 
duction ; or in the hauling of the ores thereof; or shall perform labor 
or service as superintendent, manager, or foreman of any mine or 
ledge, or shall perform labor as a mechanic or artisan therefor; such 
person or persons shall have a lien upon all the interests in such quartz 
claim, ledge, or mine of the person or persons employing him or them, 
or purchasing such materials, together with the improvements thereon 
and appurtenances for the value of such work, labor, or services, or 
materials furnished, and all the provisions of this act respecting the 
filing, recording and recovering and enforcing mechanics’ liens are 
made applicable to this section: provided^ the person or persons claim¬ 
ing such liens shall, within sixty days after the completion of such 
work or labor, or rendering said services or furnishing said materials, 
file their lien in other respects as provided by this act. 

Sec. 14. — What is Included. —This Act shall be so construed as 
to include in its provisions bridges, ditches, flumes, aqueducts to create 
hydraulic power for mining purposes, and all improvements on mining 
claims.—Extract from an Act approved Jan. ii, 1875. L3,ws of 

1874-5^ P- 615. 


STATE AND TERRITORIAL MINING LAWS. 


78 

An Act to repeal the second section of an Act entitled “ An 
Act relating to the discovery of gold and silver quartz 
lodes, and of the manner of their location,” Ap¬ 
proved January i2th, 1866. 

Be it enacted, etc. 

Section i. —That the second section of an act entitled, ‘^an act re¬ 
lating to the discovery of gold and silver quartz lodes, and the manner 
of their location,” approved January 12th, 1866, be and the same is 
hereby repealed. 

Sec. 2.—That all locations hereafter made, shall be made in con¬ 
formity with, and pursuant to the provisions of the act of Congress of 
May loth, 1872: Provided, That all locations made prior to the passage 
of this act, in accordance with the act of Congress of May loth, 1872, 
are hereby legalized and confirmed : Provided, further. That nothing 
in this act shall be so construed as to invalidate the vested rights of dis¬ 
coverers and locators. 

Sec. —This act to take effect and be in force from and after its pas¬ 
sage. 

Approved February 21, 1879. 

[Laws of 1879. P- 29.] 

An Act relating to the location and recording of mining 

claims. 

Be it enacted, etc. 

Section i. —The mining claims hereafter located upon veins or lodes 
of quartz or other rock in place bearing any of the precious or other met¬ 
als mentioned in section 2,320 of the Revised Statutes of the United 
States, may extend to three hundred (300) feet on each side of the mid¬ 
dle of the vein or lode Provided, that when the locators have set the 
stakes, posts, or monuments, described in the next section to indicate 
the line of the vein, ledge, or lode, such stakes, posts or monuments 
shall be taken for the purposes of said location, to mark correctly the 
line thereof, and such line shall not be afterwards changed so as to af¬ 
fect the rights acquired or interfere with any locations made subsequently 
thereto. 

Sec. 2.—The locators of any mining claim shall at the time of mak¬ 
ing the location place a substantial stake or post, not less than four (4) 
inches square or in diameter, at each end of the ground claimed, and as 
near as practicable along the course or line of the vein or ledge, and also 
a similar stake or post at each corner of the location. Such stakes or 
posts shall be at least four (4) feet high above the surface, and shall each 
be marked distinctly with the name of the claim. ' The notice of location 
hereinafter mentioned shall be conspicuously attached to one of said 
center end posts, so that the same may be easily read ; or it shall be con¬ 
spicuously posted in like manner at the point of discovery and prospect¬ 
ing work on the claim. Where stakes or posts cannot be conveniently had, 
well-built monuments of stone, of the like height above the surface, will 
answer the purpose of stakes or posts, but the notice must be so placed 
on the side of such monument as to be readily seen. 

Sec. 3.—The notice shall contain the date of the location, the names 
of the locators, the name of the claim, ledge or lode, the quantity in feet 
claimed along the ledge or lode, the width claimed from the middle of 


STATE AND TERRITORIAL MINING LAWS. 


79 


the vein, and shall also give such a description of the locality of the 
claim, by reference to natural landmarks or fixed objects, and contig^ 
nous claims, if there be any, as to render the situation of the same rea 
sonably certain from the letter of the notice itself. 

Sec. 4.—Every claim shall be recorded within fifteen (15) days from 
the time of the posting of the notice in the district in which the same 
is situated, or at the nearest office of the claim. For the convenience 
of prospectors and locators, the county Recorders of the several coun¬ 
ties shall appoint a deputy at any place where he may deem it necessary, 
and at all places, more than ten (10) miles distant from an existing of¬ 
fice, whenever ten or more mining locators interested shall petition for 
the appointment of such deputy. Upon the failure of any Recorder to 
make the appointment of a deputy for ten days after a petition in writ¬ 
ing shall have been presented to him, the resident miners at such district 
may appoint temporarily one of their number to act as Recorder of the 
district, whose records shall be as valid as if made by a deputy, and 
whose records shall be entered by the Recorder as hereinafter required; 
Provided^ that whenever at any time afterwards the Recorder shall ap¬ 
point a deputy for such district or place, the authority of the person 
elected by the resident miners shall cease. 

Sec. 5.—At the time of presenting a notice of location for record, or 
within five (5) days thereafter, one of the locators named in the same 
shall appear before the deputy, and make and subscribe an affidavit in 
writing on, or attached to the notice to be administered by said deputy, 
substantially in the following form, to wit; 

Territory of Idaho, County of-, ss. I,-, do solemnly 

swear that I am acquainted with the mining ground described in the 

notice of location herewith, called the - ledge, lode, or claim, 

and that the ground and claim therein described, or any part thereof, 
has not, to the best of my knowledge and belief, been heretofore located 
according to the laws of the United States and of this Territory; or if 
so located, that the same has been abandoned or forfeited by reason of 
the failure of such former locators to comply in respect thereto, with 
the requirements of said laws. 

Subscribed and sworn to before me, this-day of-, A. D., 

18—. A. B. -. 

Sec. 6.—The notice herein required to be recorded is a copy of the 
notice placed upon the claim, or substantially a cop) of the same. It 
shall be recorded by the deputy appointed for the district, or the person 
elected for that purpose, as above provided (when the legal fee therefor 
shall be tendered), in a book to be kept for that purpose. Said book 
shall be indexed, with the names of all locators arranged in alpha¬ 
betical order, according to the first letter of the family or surname of 
each. The fee to be tendered for making such record, administering 
the oath to the locator and certifying the same, for indexing the names 
appearing upon the notice, and to include the recording of the notice 
by the Recorder, as hereinafter required, and the indexing by said Re¬ 
corder, shall be three (3) dollars, which fee shall be equally divided be¬ 
tween the Recorder and the deputy, or person acting under an election, 
as hereinabove provided; and no other or additional sum of money 
shall be demanded or received by either or any of them for any services 
connected with the recording of any notice of location made pursuant 
to the requirements of this act. 








8o 


STATE AND TERRITORIAL MINING LAWS. 


Sec. 7.—The Deputy Recorder of mining claims of each district, 
or the person elected, as hereinabove provided, to make the record 
in case of the failure of the Recorder to appoint a deputy, shall, 
at least once in each month, transmit to the Recorder, at the county 
seat, all the notices of location filed with him for record, and not pre¬ 
viously transmitted, which shall at once be recorded by said Recorder, 
in a book to be kept in his office, and be known as the book of mining 
claims. The names of all persons appearing in every notice of location 
shall be indexed by the Recorder, said names being arranged in said 
index in alphabetical order, according to the first letter of the surname 
of said locators. 

Sec. 8.—The Deputy Recorders provided for in this act shall not, by 
virtue of the provisions hereof, be authorized to perform any other than 
the special duties herein specified. They shall keep an official seal, and 
the records in their custody shall be public records, but the seal of a 
Deputy Recorder shall not be attached to any paper except for the pur¬ 
pose of authenticating certificates attached to transcripts of the 
records in his custody as Deputy Recorder. 

Sec. 9.—Any person who shall wilfully and maliciously tear or take 
down or destroy any notice posted on any claim, or remove or take 
down any stake, post or monument, placed or erected for the purpose 
of marking or indicating any mining claim or the line of the vein, ledge 
or lode, with the intent to destroy or impair the evidence of such loca¬ 
tion, shall be deemed guilty of a misdemeanor, and on conviction 
thereof, before any Justice of the Peace of the county, may be punished 
by fine in any sum not exceeding one hundred (100) dollars, or impris¬ 
onment in the county jail not exceeding six months, or by both such fine 
and imprisonment. 

Sec. 10.—An act relating to the discovery of gold and silver quartz 
lodes and the manner of their location, approved January 12, 1866; an 
act supplemental to and amendatory of said act, approved January 4, 
1877; an act relating to the recording of quartz claims in Owyhee and 
Alturas counties, and fixing the fees thereof, approved January 15, 1875 1 
an act relating to the discovery of gold and silver quartz lodes in Lemhi 
county and the manner of their location, approved January 9, 1877; an 
act relating to the discovery of gold and silver quartz lodes in Lemhi 
county and the manner of their location, approved February 21, 1879, 
and all other acts and parts of acts in conflict or inconsistent with the 
provisions of this act, are hereby repealed. 

Sec. II. —This act shall take effect and be in force from and after the 
passage thereof. 

Approved February 10, 1881. 

[Laws of 1881, p. 262.] 

For laws relating to right of way, easements, etc., see acts of January 
12, 1877, and January 7, 1881; and as to water rights, see act of Febru¬ 
ary 10, 1881. 


STATE AND TERRITORIAL MINING LAWS. 


8i 


MONTANA. 

An Act in Relation to Quartz Claims. 

Be it enacted by the Legislative Assembly of the Territory of Montana : 

Section i. — Filing a Declaratory Statement. —Any person or 
persons who shall- hereafter discover any mining claim upon any vein 
or lode bearing gold, silver, cinnabar, lead, tin, copper, or other valu¬ 
able deposits, shall, within twenty days thereafter, make and file for 
record in the office of the recorder of the county in which said dis¬ 
covery is made, a declaratory statement thereof, in writing, on oath, 
before some person authorized by law to administer oaths, describing 
such claim in the manner provided by the laws of the United States. 

Sec. 2.—Crevice Must be Discovered. —That in order to entitle 
any person dr persons to record in the county recorder’s office of the 
proper county, any lead, lode, or ledge, there shall first be discovered 
on said lode, lead, or ledge, a vein or crevice of quartz, or ore, with at 
least one well-defined wall. 

Sec. 3.— Dimensions of Location. —Claims on any lead, lode, or 
ledge, bearing gold, silver, cinnabar, lead, tin, copper, or other valu¬ 
able deposits, hereafter discovered, shall consist of not more than fif¬ 
teen hundred linear feet along the lead, lode, or ledge, and not more 
than three hundred feet, and not less than twenty-five feet, on each side 
from the centre of said lead, lode, or ledge, for working purposes. 
Provided^ That the provisions of this act shall not be so construed as to 
include claims recorded prior to the passage of this act. 

Sec. 4.— Lode Claims Heretofore Discovered. —All lode 
claims heretofore discovered and recorded pursuant to the law, and the 
possessory title to which shall have been preserved according to law, 
shall entitle the owner or owners thereof to surface ground along the 
course of the vein three hundred feet on each side from the center of 
said vein. Provided, That such width shall not be permitted to inter¬ 
fere with any vested possessory rights of any person or persons, corpor¬ 
ation or corporations, which have intervened and have been preserved 
to the time of the taking effect of this act; but parties desiring to avail 
themselves hereof shall so signify by a record which shall show that they 
so elect, or if they so desire, they may limit the surface ground on each 
side of the centre of the vein to any width not less than twenty-five 
feet. 

Sec. 5. —Punishment for Destroying Notice and Monument. 

—Any person* who shall remove any stake or monument placed on any 
mining claim, or who shall obliterate, deface or destroy any notice 
placed thereon, shall be deemed guilty of a misdemeanor, and on con¬ 
viction thereof, shall be punished by fine not exceeding one hundred 
dollars, or imprisonment not exceeding one year, or both such fine and 
imprisonment, in the discretion of the court. 

Sec. 6.—Repeal. —All acts and parts of acts in conflict with this act 
are hereby repealed. 

Sec. 7.—Takes Effect. —This act to take effect and be in force 
from and after its passage. Approved, February ii, 1876. [Laws of 
1876, p. 127.] 

6 


STATE AND TERRITORIAL MINING LAWS. 


Sec. 40.— Statute of Limitations. —No action for the recovery 
of mining claims (lode claims excepted), or for the recovery of posses¬ 
sion thereof, shall be maintained, unless it appear that the plaintiff or 
his assigns was seized or possessed of such mining claims within one 
year before the commencement of such action. [Laws of 1877, p. 48.] 

Sec. 363.— Customs as Proof. —In actions respecting mining 
claims, proof must be admitted of the customs, usages, or regulations 
established and in force at the bar or diggings embracing such claim; 
and such customs, usages, or regulations, when not in conflict with the 
laws of this territory, must govern the decision of the action. [Laws 
of 1877, p. 139.] 

Other laws of Montana, relating to Rights of Way, Easements, Tun¬ 
nels, Aliens, etc., are found in Codified Statutes, 1871—2, pp. 308, 522, 
524, 525^ 593 . 597; Laws of 1873, PP- 35 > ^ 3 ^ and Laws of 1874, pp. 
94 , 97 - 

An Act Concerning Records of Placer Mining Locations. 

Be it enacted, etc. 

Section i. —That section 873 of the Fifth Division of the Revised 
Statutes of Montana be and the same is hereby amended to read as fol¬ 
lows : 

Section 8yj. Any person or persons who shall hereafter discover any 
mining claim upon any vein or lode, bearing gold, silver, cinnabar, lead- 
tin, copper, or other valuable deposits, or who shall hereafter discover 01 
locate any placer deposit of gold, or other deposit of minerals, including 
building stone, limestone, marble, coal, salines, and saline springs, clay, 
sand or other mineral substance having a commercial value, shall, within 
twenty days thereafter, make and file for record in the office of the Re¬ 
corder of the county in which said discovery or location is made, a de¬ 
claratory statement thereof, in writing, on oath made before some person 
authorized by law to administer oaths, describing such claim in the 
manner provided by the laws of the United States. 

Sec. 2.—All records of placer mining locations, or locations of valuable 
mineral deposits, which have heretofore been made in the county records 
of the county in which the-same may be situated, shall have the same 
force and effect as though such record had been authorized by law, 
except in cases where the rights of third persons had been acquired before 
the passage of this act, and such records shall be admitted in evidence 
before any court in the same manner as the records of location of quartz 
or lode mining claims ; Provided, further. That the provisions of this act 
shall only be construed to impart notice to the public of such claim, but 
no person shall, by reason of this act, acquire any or further rights. 

' Approved March 5, 1883. 

[Laws of 1883. p. 95.] 

Other laws of Montana, relating to Rights of Way, Easements, Tun¬ 
nels, Aliens, etc., are found in Codified Statutes, 1871-2, pp. 308, 522, 
524, 525^ 593 » 597 ; Laws of 1873, PP- 35 » 83» and Laws of 1874, pp. 
94, 97; Laws of 1879, P- 52; Laws of 1883, pp. 26, 267. Also Code 
of Civil Procedure, sections 143, 486, 815. 


STATE AND TERRITORIAL MINING LAWS. 


83 


NEVADA. 

Certain County Recorders. 

Chap. XXXII.— An Act to provide for the better preservation of the 
Mining Records in certain Mining Districts in this State. 

The people^ &*c., do enact as follows: 

Section i. — District Mining Recorder. —In every mining dis¬ 
trict in this State in which the seat of government of any county is 
situated, the county recorder of said county shall be ex-ojficio District 
Mining Recorder, subject, in the discharge of his duties, to such rules, 
regulations, and compensation, as may be now in force or hereafter pre¬ 
scribed by the mining laws of the mining districts respectively to which 
this Act is applicable. He shall, as such ex-officio Mining Recorder, be 
responsible on his official bond for the faithful performance of the du¬ 
ties of his office, and the correct and safe keeping of all the records 
thereof. 

Sec. 2.—Take Effect. —This act shall take effect and be in force 
from and after the first day of August, A. D. 1880. 

Approved March 6, 1879. 

[Laws of 1879, P- 80.] 

An Act in Relation to the Sale of Certain Lands Granted by 
the United States to the State of Nevada. 

The People do enact as follows : 

Section i. —All timber and mountainous grazing lands hereafter se¬ 
lected by and listed to the State of Nevada, under any grant made by 
the United States to this State, shall be sold, reserving the minerals 
therein contained, and the right to dispose of mining claims on such 
timber and mountainous grazing lands in the manner prescribed by the 
laws of Congress in relation to the disposal of mineral lands and mining 
claims, and such reservation and right of disposal shall be expressed in 
all patents hereafter granted and issued by the State for such timber and 
mountainous grazing lands to purchasers thereof from the State. 

Sec. 2.—When any minerals shall be discovered on any timber and 
mountainous grazing lands sold and patented by the State, the State 
hereby reserves and shall have the right to convey mining claims thereon, 
in the same manner and of the same amount in any one claim as is now 
the law and practice of the United States, and the right of way over any 
such timber and mountainous grazing lands, to and from such mining 
claims, is hereby reserved, and shall be granted t*o the grantee of any 
such mining claim. 

Sec. 3.—All acts and parts of acts, so far as in conflict with the pro¬ 
visions of this act, are hereby repealed. 

Approved March i, 1883. 

[Laws of 1883. p. 103.] 

For law for Lien to Miners, see laws of i88i, p. 49. 


34 


STATE AND TERRITORIAL MINING LAWS. 


UEW MEXICO. 

An Act to Regulate the Manner of Locating Mining Claims, 
and for Other Purposes. 

Be it enacted by the Legislative Assembly of the Territory of New 

Mexico: 

Section i. —Locations. —That any person or persons desiring to 
locate a mining claim upon a vein or lode of quartz, or other rock in 
place, bearing gold, silver, cinnabar, lead, tin, copper, or other valuable 
deposit, must distinctly mark the location on the ground, so that its 
boundaries may be readily traced; and post in some conspicuous place 
on such location a notice in writing, stating thereon the name or names 
of the locator or locators, his or their intention to locate the mining 
claim, giving a description thereof by reference to some natural object 
or permanent monument as will identify the claims; and also, within 
three months after posting such notice, cause to be recorded a copy^ 
thereof in the office of the recorder of the county in which the notice 
is posted; and Provided^ No other record of such notice shall be neces¬ 
sary. 

Sec. 2.— Record-Books and Fees. —In order to carry out the in¬ 
tent of the preceding section, it is hereby made the duty of the probate 
judges of the several counties of this Territory, and they are hereby 
required to provide, at the expense of their respective counties, such 
book or books as may be necessary and suitable, in which to enter the 
record hereinbefore provided for. The fees for recording such notices 
shall be ten cents for every one hundred words. 

Sec. 3. —Value of Labor. —That in estimating the worth of labor 
required to be performed upon any mining claims, to hold the same by 
the laws of the United States in the regulation of mines, the value of 
a day’s labor is hereby fixed at the sum of four dollars: Provided, hoiv- 
ever, That in the sense of this statute, eight hours of labor actually 
performed upon the mining claim shall constitute a day’s labor. 

Sec. 4.— Prior Locations Confirmed. —All locations heretofore 
made in good faith, to which there shall be no adverse claims, the cer¬ 
tificates of which locations have been or may be filed for record, and 
recorded in the recorder’s office of the county where the location is 
made within six months after the passage of this act, are hereby con¬ 
firmed and made valid. But where there may appear to be any such 
adverse claims, the said location shall be held to be the property of the 
person having the superior title or claim, according to the laws in force 
at the time of the making of the said locations. 

Sec. 5.— Ejectment. —An action of ejectment will lie for the re¬ 
covery of the possession of a mining claim, as well also of any real 
estate, where the party suing has been wrongfully ousted from the pos¬ 
session thereof, and the possession wrongfully detained. 

Sec. 6. — Repeal of Prior Acts. —That ‘‘An act concerning min¬ 
ing claims,” approved January 18, 1865, and an act amendatory 
thereof, approved January 3, 1866 ; also, an act entitled “An act to 
amend certain acts concerning mining claims in the Territory of New 


STATE AND TERRITORIAL MINING LAWS. 


85 


Mexico,” approved January i, 1872, be, and the same are hereby, re¬ 
pealed : Provided, That no locations completed or commenced under 
said acts, shall be invalidated or in any wise affected by such repeal. 

Sec. 7.— Becomes Effective. —That this act shall take effect and 
be in full force from and after its passage. 

Approved January ii, j8/6. 

[Laws of New Mexico, 1875-6, p. 116.] 

An Act in Relation to Lode Claims. 

Section i. —Hereafter, in actions respecting mining cfaims, proof 
must be admitted of the customs, usages or regulations established and in 
force in the mining district embracing such claims, and such customs, 
usages or regulations, when not in conflict with the laws of this territory, 
or the United States, must govern the decision of the action. 

Sec. 2.—Any person or persons claiming or staking upon the surface 
ground of the mining claim of another who has complied with all laws, 
regulations and customs, shall be guilty of a misdemeanor, and upon con¬ 
viction thereof, shall be fined in any sum not less- than ten nor more 
than one hundred dollars, or imprisonment in the county jail for not less 
than ten nor more than ninety days, or both, at the discretion of the 
court. 

Sec. 3.—Any person or persons who now have their stakes, monuments 
or notices upon the surface ground of any mining claim belonging to 
others, shall within sixty days from the passage of this act, remove such 
stakes, monuments or notices from the surface ground of such mining 
claim, and upon failure to do so shall be subject to the penalties set forth 
in section two of this act. 

Sec. 4.—Within sixty days after the period fixed by the United States 
laws for doing the annual assessment upon mining claims, all persons 
owning or representing any mining claim or claims shall file with the 
county and district recorder an affidavit stating that the full amount has 
been expended as required by law. Such affidavit shall be signed by at 
least two parties disinterested in such claim or claims. Failure to file 
such affidavit as herein required shall be considered prh?ia facie evidence 
of abandonment of such claim or claims; and. Provided, That the fee of 
each recorder shall not exceed fifty cents for each certified record. 

All laws and parts of laws in conflict with this act are hereby repealed. 

This act shall be in full force and effect from and after the first day of 
April, A. D. 1882. 

Approved March i, 1882. 

[Prince’s Supplement, p. 673.] 


86 


STATE AND TERRITORIAL MINING LAWS. 


OREGON. 

Location, Establishment, and Record of Claims. 

Chapter XXXVIII .—Miscellaneous Laws. 

Sec. I. — Length and Width. —That any person or company of 
persons, establishing a claim on any quartz lead containing gold, silver, 
copper, tin* or lead, dr a claim on a vein of cinnabar, for the purpose 
of mining the same, shall be allowed to have, hold, and possess the 
land or vein with its dips, spurs, and angles, for the distance of three 
hundred feet in length, and seventy-five feet in width, on each side of 
such lead or vein. [Amended. See Act of 1880 following.] 

Sec. 2.— How Established. —To establish a valid claim, the dis¬ 
coverer or person wishing to establish a claim shall post a notice on the 
lead or vein, with name or names attached, which shall protect the 
claim or claims for thirty days; and before the expiration of said thirty 
days, he or they shall cause the claim or claims to be recorded as here¬ 
inafter provided, and describing as near as may be the claim or claims, 
and their location; but continuous working of said claim or claims 
shall obviate the necessity of such record. If any claim shall not be 
worked for twelve consecutive months, it shall be forfeited, and consid¬ 
ered liable to location by any person or persons, unless the owner or 
owners be absent on account of sickness or in the service of their 
country in time of war. [See United States Law.] 

Sec. 3.— Number of Claims Held and Owned. —Any person 
may hold one claim by location, as hereinafter provided, upon each 
lead or vein, and as many by purchase as the local laws of the miners 
in the district where such claims are located may allow; and the dis¬ 
coverer of any new lead or vein, not previously located upon, shall be 
allowed one additional claim for the discovery thereof. Nothing in 
this section shall be so construed as to allow any person, not the dis¬ 
coverer, to locate more than one claim upon any one lead or vein. 

Sec. 4.— Annual Labor. —Every person or company of persons, 
after establishing such claim or claims, shall, within one year after re¬ 
cording or taking such claim or claims, work or cause to be worked, to 
the amount of fifty dollars for each and every claim, and for each suc¬ 
cessive year shall do the same amount of work, under the penalty of 
forfeiture of said claim or claims; Provided, That any incorporate com¬ 
pany owning claims on any lead or vein, may be allowed to work upon 
any one claim, the whole amount required as above, for ail the claims 
they may own on such lead or vein. [See United States Law.] 

Sec. 5.— Duty of County Clerks. —It shall be the duty of the 
county clerk of any county, upon the receipt of notice of a miners’ 
meeting, organizing a miners’ district in said county, with a description 
of the boundaries thereof, to record the same in a book, to be kept in 
his office, as other county records, to be called a “ Book of Record of 
Mining Claims;” and upon the petition of parties interested, he may 
appoint a deputy of such district, who shall reside in said district or its 
vicinity, and shall record all mining claims and water rights, in the 
order in which they are presented for record, and shall transmit a copy 


‘^TATE AND TERRITORIAL MINING LAWS. 


87 


of such record, at the end of each month, to the county clerks, who shall 
record the same in the above-mentioned book of record, for which he 
shall receive one dollar for each and every claim. It shall further be 
the duty of said county clerk to furnish a copy of this law to his said 
deputy, who shall keep the same in his office, open at all reasonable 
times for the inspection of all persons interested therein. 

Sec. 6.— Placer Claims and Town Lots. —Miners shall be em¬ 
powered to make local laws in relation to the possession of water rights, 
the possession and working of placer claims, and the survey and sale of 
town lots in mining camps, subject to the laws of the United States. 

Sec. 7.— Ditches and Flumes. —That ditches used for mining 
purposes, and mining flumes permanently affixed to the soil, be and 
they are hereby declared real estate, for all intents and purposes what¬ 
ever. 

Sec. 8.— Real Estate Laws. —That the laws relative to the sale 
and transfer of real estate, and the application of the liens of mechan¬ 
ics and laborers therein, be and they are hereby made applicable to said 
ditches and flumes; Provided, That all interests in mining claims, 
known as placer or surface diggings, may be granted, sold, and con¬ 
veyed by bill of sale, and delivery of possesion, as in cases of the sale of 
personal property; Provided, further, That the bills of sale or convey¬ 
ances, executed on the sale of any placer or surface mining claim, shall 
be recorded within thirty days after the date of such sale, in the office 
of the county clerk of the county in which such sale is made, in a book 
to be kept by the county clerk for that purpose, to be called the record 
of conveyances of mining claims. [See Act of 1880 following.] 

Sec. 9.— Mortgages on Placer Claims. —Mortgages of interests 
in placer or surface mining claims shall be executed, acknowledged, 
recorded, and foreclosed as mortgages of chattels. [See Act of 1880 
following.] 

Sec. 10.— Fee of County Clerk. —The county clerk shall be en¬ 
titled to a fee of one dollar each, for every conveyance or mortgage 
recorded under the provisions of this act. 

[General Laws of Oregon 1845-1864, p. 813; 1843-1872, p. 686.] 

Lodes, Placers, and Water Rights. 

An Act to a7nend Section i of Chapter j8 of the Miscellaneous Laws of 

Oregon, pertaining to mines, as compiled by M. P. Deady a fid L. P. 

Lane. 

Be it enacted by the Legislative Assembly of the State of Oregon : 

Section i. —Length and Width of Lode Claims. —That sec¬ 
tion I of Chapter 38 of the Miscellaneous Laws of Oregon pertaining 
to mines, as compiled by Matthew P. Deady and Lafayette Lane, be 
amended so as to read as follows: That any person or company of per¬ 
sons, establishing a claim on any quartz lead containing gold, silver, 
copper, tin, or lead, or a claim on a vein of cinnabar, for the purpose 
of mining the same, shall be allowed to have, hold, and possess the 
land or vein, with all its dips, spurs, and angles, for the distance of 
fifteen hundred feet in length and three hundred feet in width on each 
ide of such lead or vein. 

Sec. 2— Mining District Laws. —That all local laws and regula- 


88 


STATE AND TERRITORIAL MINING LAWS. 


tions now existing in the mining districts of this State that have not 
been made within two years next preceding the passage of this Act, shall 
be, and the same are hereby, declared null and void. 

Sec. 3. —Work on Placer Clainis.—That from and after the pas-^ 
sage of this act, any person, company, or corporation owning placer 
claims, composed of creek, bench, and hill claims, joining, may repre¬ 
sent the whole of said claims by working or mining on any one of the 
same. 

Sec. 4. — Representation and Abandonment of Placer 

Claims.—That from and after the passage of this act, any person or 
persons, company or corporation, - shall be allowed to represent his 
or their placer claims, ditches and water rights, as may best suit his or 
their convenience; Provided^ that whenever any person, company or 
corporation, being the owner of any placer mining claim or claims, 
ditches, and water rights, have or shall abandon the same, and who 
shall for one year thereafter cease to exercise ownership over said 
claims, ditches, and water rights, shall be deemed to have lost all title, 
claim, or interest therein. 

Sec. 5.—Laws Governing Placer Claims and Water Rights. 
—That whenever any person, company, or corporation have or shall 
locate a placer claim or claims in conformity to the Act of Congress 
approved May 10, 1872, and the amendments thereto, the said claim or 
claims, together with all ditches and water rights appurtenant to, and 
connected with the same, shall not be subject to any local law or regula¬ 
tion of the mining district in which the same may be situated, but shall 
thereafter be subject only to the law governing-real estate. , 

Approved October 25, 1880. 

[Laws of 1880, p. 26.] 




* w 









STATE AND TERRITORIAL MINING LAWS. 


89 


UTAH. 

Of Mines and Mining. 

An Act to provide rules for the working and development of ^nines. 

{Approved February 16, 1872.'] 

(1218) Section i. — Location of Claim. —Be it enacted by the 
Governor and Legislative Assembly of the Territory of Utah: That 
any citizen of the United States, and any person who shall have de¬ 
clared his intention to become such, who shall hereafter discover any 
mineral deposit, lead, or lode, bearing gold, silver, tin, platina, copper, 
or cinnabar, shall be entitled to one claim thereon, by right of dis¬ 
covery, and one claim by right of location: Provided^ That no person 
shall be entitled to more than one claim by right of location, on any 
one lead or lode. [See United States Law.] 

(1219) Sec. 2. — Defacing Notices, etc. —Any person or persons 
who shall willfully or maliciously tear down or deface a notice posted 
on any mining claim, or take up or destroy any stake or monument, 
marking any such claim, or interfere with any person lawfully in pos¬ 
session of said claim, or who shall alter, erase, deface, or destroy any 
record kept by a mining recorder, shall be guilty of misdemeanor, and 
upon conviction thereof shall be punished by a fine of not less than 
twenty-five nor more than one hundred dollars, or by imprisonment 
for not less than ten days nor more than six months, or by both such 
fine and imprisonment. Justices of the Peace, in their respective 
counties, shall have jurisdiction of such offences. 

(1220) Sec. 3.— Wrongfully Extracting Ores. —Any person 
wrongfully entering upon any mine or mining claim, and carrying away 
ores therefrom, or extracting or selling ores from any mine, being the 
property of another, shall be liable to the owner or owners of said ore 
for three times the value thereof, recoverable by an action at law; and 
should the plaintiff file his affidavit that the defendant did unlawfully 
take such ores, the defendant may be arrested and held to bail, as in 
cases for the recovery of the possession of personal property unjustly 
detained. 

(1221) Sec. 4.— Miner’s Lien. —Any person or persons who shall 
perform any work or labor upon any mine, or furnish any material 
therefor, in pursuance with any contract made with the owner or 
owners of such mine, or of any interest tlierein, shall be entitled to a 
miner’s lien for the payment thereof upon all the interest, right, and 
property in such mine, by the person or persons contracting for such 
labor or materials at the time of making such contract; said lien may 
be enforced in the same manner and with the same effect as a me¬ 
chanic’s lien, as provided by the laws of Utah, 

I 


90 


STATE AND TERRITORIAL MINING LAWS. 


Records and Mining Rules. 

An Act in relation to proving the records and mining rules and regula¬ 
tions of the mining districts of the Territory^ and for other purposes. 

{Approved February i8, i8'j6.'\ 

(1222) Section i. — Location Notices. —Be it enacted by the 
Governor and Legislative Assembly of the Territory of Utah: That 
copies of notices of location of the mines, lodes, and veins, and of 
tunnel sites recorded in the several mining districts, and of the mining 
rules and regulations in force in the several districts, in like manner re¬ 
corded, shall be receivable in all the courts of this Territory, as prima 
facie evidence of such notices, ruleS, and regulations: Provided, The 
recorder of the district shall certify under his hand and seal that such 
copies are full, true, and perfect copies from the records in his custody. 
The seal of the office of the mining recorder so certifying, affixed to 
such certificate, shall be prima facie evidence of the fact of the election 
and qualification and official character of such mining recorder. 

(1223) Sec. 2. — County Recorders. —It shall be the duty of the 
county recorder of the several counties of this Territory, to record the 
mining rules and regulations of the several mining districts in their re¬ 
spective counties; and when so recorded, certified copies thereof shall 
be received in all the courts of this Territory, as prima facie evidence 
of such rules and regulations. 

(1224) Sec. 3. — Fees. —The mining recorders of the several mining 
districts shall be allowed the same fees for recording and making copies 
of any records in their custody as are now allowed by law for like ser¬ 
vices to county recorders. And it shall be the duty of each mining re¬ 
corder, upon request and payment or tender of the fees therefor, to 
make and deliver to any person requesting the same, duly certified 
copies of any records in his custody; and for a failure* so to do, or for 
receiving larger fees for any such service than those herein provided, 
such mining recorder shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, shall be subjected to the same penalties pro¬ 
vided against public officers in section twenty of the act entitled, “An 
act to regulate fees and compensation for official and other services in 
the Territory of Utah,” passed February 20, 1874. 

(1225) Sec. 4. — District Records and Recorders. —Recorders 
of mining districts shall, for the purpose of this act, be deemed public 
officers, and the records in their custody shall be deemed public re¬ 
cords, and they are hereby required to keep an official seal. 

[Compiled Laws of Utah, pp. 398, 399, 400.] 


STATE AND TERRITORIAL MINING LAWS. 


91 


WYOMma. 

Development of Mining Resources. 

An Act to provide for the development of the Alining Resources of the 
Territory of Wyoming. 

Be it enacted by the Council and House of Representatives of the Terri¬ 
tory of Wyoming: 

Section i. — Expenditure—Abandonment. —Any person or per¬ 
sons who shall have performed work or made improvements or expen¬ 
ditures to the amount of one thousand dollars on any lead, lode, or 
ledge, the same shall not be subject to relocation under the laws of this 
Territory ; Provided, That such quartz claim or claims shall not be 
abandoned, but shall be represented by the person or persons owning 
such claim or claims, or by his or their agent or attorney, who shall re¬ 
side within the district in which such claim or claims may be situated, 
unless driven from said district by Indians. [See United States Law.] 

Sec. 2.— Salting Mines or Ores. —Any person or persons who 
shall defraud, cheat, or swindle any party or parties by what is known 
as “salting,” that is, by placing or causing to be placed in any placer 
or quartz claim, or dirt, gravel, or quartz contained therein, any gold, 
silver, or metals, or minerals which would prove to be a misrepresenta¬ 
tion, thereby working injury or loss to any party or parties, shall be 
deemed guilty of a felony, and, upon conviction thereof, shall be fined 
in any sum not to exceed five thousand dollars and not less than fifty 
dollars, together with the cost of prosecution, and may be imprisoned 
in the territorial penitentiary not more than three years or less than 
thirty days, or both such fine and imprisonment. 

Sec. 3.— Delinquent Co-Owners. —When parties owning in part¬ 
nership any claim or claims, or any lead, lode, or ledge, or any one of 
the parties so owning, shall fail to perform his or her portion of the 
work, for the period of eight months, or pay the reasonable assessment 
for the same when said claim is being worked in accordance with the 
expressed wish of a majority of the persons owning such claim, it may 
be sold to pay such assessment by the person or persons to whom such 
assessment may be due, by giving thirty days’ notice, published in the 
nearest newspaper, and by posting notice for thirty days on such claim, 
giving the amount of assessment due, date of notice, and date of sale. 
[See United States Law.] 

Sec. 4.— Exception to Residents. —The provision of the forego¬ 
ing section shall not apply to persons residing within the district in 
which his or her property is situated. 

Sec. 5.— Redemption of Sold Interest. —Any property sold to 
pay assessments may be redeemed within the period of six months by 
the person or persons formerly owning such property, or by his or her 
agents, heirs, or attorneys, by paying the cost of advertising and sale, 
together with the assessments due, and ten per cent, upon all purchase- 
money for the same. 

Sec. 6.— Repeal Provision. —All acts and parts of acts conflicting 
with this act be, and the same are, hereby repealed. 


92 


STATE AND TERRITORIAL MINING LAWS. 


Sec. 7. —When to Take Effect.— This act shall take effect and be 
in force from and after its passage. 

Approved December i6th, 1871. 

Laws of 1871, p. 114. 

Miners’ Liens. 

Sec. I. — When Created. —That every miner or other person, who, 
at the request of the owner of any ledge or lode of quartz bearing 
gold, silver, cinnabar, or copper, or of any coal bank or mine, shall 
work in or upon such mine or bank, shall have a lien upon such vein 
or lode, mine or bank, to the amount due at any time when a'demand 
shall be made upon such owner, or his or their agent, for money due 
for such labor, and payment shall be refused. 

Sec. 2. — Materials. —That any person who shall labor as a me¬ 
chanic, or otherwise, or who shall furnish timber, lumber, rope, nails, 
or any other material for timbering shafts [or] levels for the mine, who 
shall furnish any kind of materials for erecting windlass, whim, or other 
hoisting apparatus upon any vein, mine, or coal bank, referred to in the 
first section, shall also have a lien upon the mine or coal bank for 
which he furnished such materials, or upon which he performed such 
labor. 

Sec. 3. — Manner of Proceeding. —The party seeking a lien shall 
proceed, so far as the proceedings are applicable in the same manner, to 
enforce a lien as by law required in the case of mechanics and other 
persons seeking to enforce a lien upon dwelling-houses and other build¬ 
ings, except when other provisions are made by this Act. 

Sec. 4.— Notice How and When Filed. —When any sum ex¬ 
ceeding ten dollars for labor performed by any miner or other person 
upon or in any mine or coal bank specified in section one of this Act, 
shall be due and unpaid for ten days, it shall be competent for the per¬ 
son or persons to whom such sum of money shall be due, to file a notice 
in the office of county recorder in the county where such mine is situ 
ated, at any time within thirty days after the last day upon which work 
was done by him; which said notice shall in substance set forth the fact 
that the party performed labor (naming the kind) for a party or com¬ 
pany (naming the party or company), that such labor was performed 
under a contract (stating the substance) ; also, the time when the party 
commenced and when he ceased to work, the amount still due and un 
paid, together with a description of the mine or coal bank upon which 
such work was performed, which statement shall be verified by the affi¬ 
davit of the party so filing it, and when filed, the county recorder shall 
record the same in a “lien-book,” the same as required in the case of 
mechanics’ notices of liens. 

Sec. 5. — Materials Furnished. —The provisions of the next pre¬ 
ceding section shall apply to persons who shall furnish materials or 
work upon any shaft, whim, or other hoisting works, who, by comply¬ 
ing with the general provisions of such section, shall have a like lien. 

Sec. 6.— Lien Holds Against Purchasers. —When notices as 
provided in the next two preceding sections shall be filed, the lien 
shall hold not only against the owner of the mine or bank, from the 
time when the miner or other person began work, but against all per¬ 
sons or company who shall have purchased such mine or coal bank 


STATE AND TERRITORIAL MINING LAWS. 


93 


while such miner pr other person was employed therein, or furnished 
materials used therein or thereon. * 

SeC; 7.- When Suit May Be Commenced. —Suit to enforce 
such lien may be commenced at any time within one year after filing 
such notice. 

Sec. Oil W^ell or Spring. —Any owner of any oil well or 
spring who shall employ any person to perform any work of any kind 
around or about any oil well or spring, either in building derricks, 
buildings, or any kind of machinery, or in boring or drilling, shall be 
deemed within the provisions of this Act; and all persons performing 
labor or furnishing materials, shall have like liens upon oil territory 
upon which he labored, or for which he furnished materials or the im¬ 
provements thereon, as miners or other laborers upon or in mines as 
provided in this Act, and shall proceed in the same manner to enforce 
a lien. 

Sec. 9.— Takes Effect.—This act shall take effect and be in force 
from and after its passage. 

Approved December 2d, 1869. 

Laws of 1869, p. 404. 

Mining Resources. 

An Act to amend an act entitled An Act to proinde for the development 

of the mining resources of the Territory of Wyoming, ’ ’ 

Be it enacted, etc. 

Section i. —That section one of an act entitled “An Act to provide 
for the development of the mining resources of the Territory of Wyom¬ 
ing,” approved i6th December, 1871, be and the same is hereby 
amended as follows: By inserting the words “or placer claims” after 
the word “ledge” in the third line of said section, also by inserting 
the words “or placer” after the word “quartz” in the fifth line of the 
said section, as said section is printed in the Compiled Laws of Wyoming. 

Sec. 2.—That section three of the said act- be and the same is hereby 
amended by striking out the word “thirty” in the eighth line of said 
section, and inserting the word “ninety” instead in said eighth line as 
printed in the Compiled Laws of Wyoming. 

Sec. 3.—This act shall take effect and be in force from and after its 
passage. 

Approved March 10, 1882. 

[Laws of 1882. p. 156.] 

Mining Districts—Laws Relating Thereto. 

An Act to provide for the preservation of the records, laws and proceed¬ 
ings of 7 nining districts, and their use as evidence. 

Be it enacted, etc. 

Section i. —That a copy of all the records, laws and proceedings of 
each mining district, so far as they relate to lode claims, shall be filed in 
the office of the Register of Deeds of the county in which the district is 
situated, within the boundaries attached to the same, which shall be 
taken as evidence in any court having jurisdiction in the matters con¬ 
cerned in such record or proceeding; and all such records of deeds and 
conveyances, laws and proceedings of any mining district heretofore filed 
in the register’s office of the proper county, and transcripts thereof duly 


STATE AND TERRITORIAL MINING LAWS. 


94 

certified, whether such record relate to gulch claims, lode claims, build¬ 
ing lots, or other real estate, shall have the like effect in evidence. 

Sec. 2.—It shall be the duty of the Recorder of each mining district to 
file copies as above provided, and reasonable fees therefor may be pro¬ 
vided by the several mining districts. 

Sec. 3.—This act shall take effect from and after its passage. 
Approved November 26, 1879. 

''Laws of 1879. P- ^^ 5 -] 

Preservation of Records. 

An Act to amend ait act entitled An Act to provide jor tne preservation 
of the records, laws, and proceedings of mining districts ■ and their use 
in evidence'^ 

Be it enacted, etc. 

Section i. —That section one of an acfe entitled “An Act to provide 
for the preservation of the records, laws and proceedings of mining 
districts and their use in evidence,” approved November 26th, 1879, 
be and the same is hereby amended by striking out of the second and 
third lines thereof, as they appear in the Session Laws of 1879, words 
“so far as they relate to lode claims,” and that said section one be 
further amended by adding thereto the words as follows: “Such copies 
of records, laws and proceedings, shall be filed in the office of the said 
Register of Deeds by the recorder of each mining district within thirty 
days after the organization of each new mining district, and there shall 
be filed in the office of the said Register of Deeds by the said recorder, 
during the first week of each month, complete copies of all the records, 
laws and proceedings made, enacted and had in each mining district 
during the preceding month. 

Sec 2.—This act shall take effect and be in force from and after its 
passage. 

Approved March 9, 1882. 

[Laws of 1882. p. 157. 


DETERMINATION OF MINERALS.' 


Chemical Elements. 

Ninety-nine hundredths of the earth’s crust is composed of less than sixteen elements 
and their chemical and physical compounds. An element is a primary substance. It 
cannot be made by uniting different things, nor can it be separated into anything un¬ 
like itself. A compound is made up of two or more elements. A chemical compound 
generally is one wherein the things composing it are so changed as not to be recog¬ 
nized by one or more of the senses of sight, taste, touch, or smell. A physical com¬ 
pound generally is one wherein the substances composing it are unchanged, or so 
slightly changed as to be observed without difficulty. To illustrate, water is the chem¬ 
ical union of air* and hydrogen, invisible gases. Common salt is a white substance 
composed chemically of a green gas (chlorine) and a silvery metal (sodium). On the 
other hand, if salt and iron filings be placed together and thoroughly mixed, the eye 
can easily tell the iron from the salt. If sugar be dissolved in a cup of water, the 
water looks unchanged, and the sense of taste can detect the sugar. The first two are 
chemical compounds, the last two physical 

Thirty-six Elements.f 

Non-metallic Elements. Gases. —Oxygen, Hydrogen, Nitrogen, Chlorine, Fluorine. 
Liquid. —Bromine. Solids. —Silicon, Carbon, Sulphur, Phosphorus, Iodine, Boron. 

Metals and Metalloids. —Gold, Silver, Copper, Mercury (Quicksilver), Lead, Tin, 
Zinc, Nickel, Iron, Aluminium, Antimony, Arsenic, Barium, Bismuth, Cadmium, Cal¬ 
cium, Chromium, Cobalt, Magnesium, Manganese, Platinum, Potassium, Sodium, 
Strontium. 

Very few elements are found pure in the earth. Nearly all occur as compounds. 

Oxygen is the great compounder. Oxygen one-fifth, mixed with nitrogen four-fifths, 
makes the air about us. It chemically unites with every known element except fluor¬ 
ine, forms one-half the earth’s crust, eight-ninths of water, four-fifths of vegetables (by 
weight), and three-fourths of animals (by weight). 

Oxygen united with the non-metallic elements forms Acids,-|' viz.. Sulphuric Acid, 
Nitric Acid. With the other elements it forms Bases. Acids and Bases united, form 
most of the Minerals. Chemical composition is indicated by the use of ide and ate. 
Ide indicates the union of two elements. Ate shows at least three elei^ents, one of 
which is oxygen. 

Sodium Chloride (salt) is a union of sodium and chlorine. Silver Sulphide, sulphur 
and silver. Copper Oxide, copper and oxygen. Iron Sulphate (green vitrol) shows 
that oxvgen is united with iron and sulphur. Calcium Carbonate (limestone) is com¬ 
posed of calcium, carbon and oxygen. 

* Oxygen in the air. 

f About seventy elements are recognized by chemists. 

t Acids and bases require water to complete them. 

( 95 ) 





DETERMINATION OF MINERALS. 


96 

Hydrogen forms one-ninth part of water. This gas is the lightest of known sub¬ 
stances. It burns freely with a bluish flame. 

Nitrogen makes So per cent, of the atmosphere, yet by itself destroys animal life. 

Chlorine is times as heavy as air, and united with sodium, forms common salt. 
It is a useful element in other compounds. 

Fluorine forms with calcium fluor spar, and with hydrogen hydrofluoric (fluo- 
hydric) acid, used to etch on glass. 

Silicon combined with oxygen, forms silica or quartz. 

Carbo 7 t, pure, is a solid, and forms the principal part of coal, plumbago and bitumen. 
Charcoal is almost pure carbon. Diamond is pure carbon crystallized. United with 
oxygen it forms carbonic acid, and this acid, in combination, forms a class of minerals 
called carbonates. Limestone is carbonate of lime. 

Sulphur is a yellow brittle solid. R is most abundant in volcanic regions. Com¬ 
bined with metals, it forms a class of minerals called sulphurets or sulphides. 

Phosphorus is a white, waxy substance. It is quite abundant in nature in combina¬ 
tions. With lime and oxygen it forms the phosphate of lime. 

Alumuiium is found only in compounds. With oxygen it forms alumina, of which 
the gems ruby and sapphire are pure specimens. It largely constitutes clay and 
feldspar. 

Potassium is one of the lightest of metals. With oxygen it makes potassa or potash. 

Sodium with oxygen forms soda. 

Calchun with oxygen makes lime. 

Magnesium with oxygen forms magnesia, an abundant substance in the composition 
of many rocks. 

The other elements are either well known or would require too much .space for de¬ 
scription. 

Mineral and Rock Defined. 

A mineral is an element or two or more elements chemically united as found in 
nature. Water is a mineral. A rock generally lacks definite chemical composition, 
and usually consists of two or more minerals physically united or mixed, and found in 
nature. If a man makes a hard substance by mixing sand and cement, it is not a 
rock or a mineral, because not found in nature. 

Scientists usually distinguish minerals from rocks in their names. The names of 
minerals usually end in ite, the names of rocks in yte. Halite is the mineral common 
salt. Trachyte is a common rock in mining regions. Dioryte, Phonolyte, Doleryte, 
are rocks. The rock well known as Granite will probably maintam i^s n’d spelling. 
There are about 700 well known minerals; of these 200 are ides, 200 are silicates, and 
300 are other ates —sulphates, etc. 

Kinds of Rocks. 

Dana divides the kinds of rocks into three classes: 

1. Fragmental Rocks—except limestones, 

2. Limestones or Calcareous Rocks. 

3. Crystalline Rocks—except limestones. 

The First or Fragmental Class 

Embraces i. Conglomerate, made up of pebbles and boulders. 2. Grit, coarse sand 
stone. 3. Sa^idstone. 4, Sand-Rock, made of sand not siliceous, 5. Shale, uneven 
flaty rock of varied colors. 6. Argillyte, flagstone. 7. Tufa, volcanic sand-rock. 8. 
Sand and Gravel. 9. Green Sand. 10. Clay. ii. Alluvium Silt and Till. 12. 
Tripolyte, infusorial earth. 


97 


DETERMINATION OF MINERALS. 

The Second or Limestone Class 
Is divided into two sections, I. Not Crystalline, and 2. Crystalline. 

I. Massive Litnestone, 2. Magnesian Limestone or Dolomyte. 3. Chalk, 4. 
Marl. 5. Travertine, and 6. Stalagmites, are included in the first section. 

The Crystalline Limestone embraces i. Marble. 2. Dolomyte. 

The Third or Crystalline Class 

Embraces the siliceous rocks, and all the crystalline rocks except marbles. It is di¬ 
vided into nine groups. 

ist Group—Siliceous Rocks. 

I. siliceous sandstone. 2. schistose, mica and quartz grains. 

3. Siliceous Slate. 4. Chert, an impure flint. 5. Jasper Rock, flinty red or yellow 
rock. 6. Biihrstone, cellular flinty rock. 7. Fioryte, opal or pearl silica. 

2d Group—Mica and Potash Feldspar Series. 

I. Granite. 2. Granulyte, contains no mica. 3. Gneiss, in layers. 4. Proto, 
f^ene. 5. Mica Schist, largely of mica. 6. Hydromica Schist. 7. Paragonite Schist, 
contains soda. 8. Minette. 9. Greisen. 10. Mica-Argillyte, variety of flagging 
stone. II. compact orthoclase. 12. Porcelanyte, baked c\a.y.. 13. Trachyte- 

mainly of feldspar. 14. Pear Is tone, including Obsidian and Pumice. 15. Leucityte. 

3d Group—Mica and Soda, Lime, Feldspar Series. 

I. Kersantyte. 2. Kinzigyte. 3. Miascyte. 4. Ditroyte. 5. Phonolyte, clink¬ 
stone. 

4th Group—Hornblende and Potash Feldspar Series. 

I. Syenyte, of which the pyramids are made. 2. Syenyte Gneiss, like gneiss, with 
mica replaced by hornblende. 3. Hornblende Schist. 4. Amphibolyte. 5. Actino- 
lyte. 6. Unakyte. 7. Zircon-Syenyte. 8. Foyayte. 

5th Group—Hornblende and Soda, Lime, Feldspar Series. 

I. Dioryte, greenstone. 2. Andesyte. 3. Labradioryie, 4. Corsyte. 5. Isenite. 
6. Euphotide. 

6th Group—Pyroxene and Soda, Lime, Feldspar Series. 

I. Augiie-Andesyte. 2. Noryte, gabbro. 3. Hypersthenyte. 4. Doleryte, basalt, 
trap. 5. Eucryte. 6. Amphigenyte. 7. Nephelinyte. 8. Tachylyte. 

7th Group—Pyroxene, Garnet, Epidote and Chrysolite Rocks, with little or 

no Feldspar. 

I. Pyroxenyie. 2 . Garnetyte. 3. Eclogyte. 4. Epidosyte. 5. Eulysyte. 6. 
Chrysolyie. 7. Lherzolyte. 8. Picryte. 9. Limburgyte. 

8th Group—Hydrous Magnesian and Aluminous Rocks. 

I. Chlorite-Schist. 2. Chlorite-Argillyte. 3. Talcose-Schist. 4. Steatyte, soap¬ 
stone. 5. Serpentine, greasy green rock. 6. Ophiolyte, verd-antique marble. 7. 
Pyrophyllyte, slate of a soapy feeling. 

gth Group—Iron Ore Rocks. 

I. Hematyte, specular iron ore, 2. Itabyryte, mica schist with hematyte leave*. 
3. Magnetyte, magnetic iron ore. 4. Menaccanyte, titanic iron ore. 5. Franklinyte^ 
with zinc and manganese. 

7 


DETERMINATION OF MINERALS. 


98 

Aids in Studying Minerals. 

The physical properties of minerals will aid in their determination. Lustre, color, 
transparency, malleability, sectility, brittleness, elasticity, taste and odor, will receive 
attention. 

Hardness. 

The scale of hardness is Talc, I; Rock-salt, 2; Calc. Spar, 3; Fluor Spar, 4; Apa¬ 
tite, 5; Feldspar, 6; Quartz, 7; Topaz, 8; Sapphire, 9; Diamond, 10. To illustrate, a 
mineral that will scratch apatite and is scratched by feldsjxir, is said to have a hardness 
between 5 and 6. A simpler scale is suggested, thumb-nail, knife and quartz crystal. 
The thumb-nail will scratch i, 2 and 3. A knife will cut from i to 6. In fact, many 
miners trust entirely to their knives to settle the question of hardness. Minerals that 
will scratch quartz crystals are rare. 

Specific Gravity. 

This refers to comparison of weight. Pure water is taken as the standard. The 
mineral is attached by a slender thread beneath one side of a balance, or under a 
spring scale, and its weight found. Next let the mineral hang in a glass of water, and 
as it thus hangs, find again its weight. It will be less than before. Subtract the 
weight in water from the weight in the air, and divide this difference into the weight 
,in air. For example, suppose a^piece of iron in air weighs 460 grains, in water 401.16 
grains. 460—401.16=58.84, difference. 460 divided by 58.84 equals 7.8, the spe¬ 
cific gravity of iron. 

Blowpipe. 

To use this valuable instrument, practice is necessary, to secure a continuous stream 
of air from the mouth. Pieces of charcoal, small spirit lamp, bottle of alcohol, and 
some borax and soda, with some copper and iron wire, make an outfit. If the pros¬ 
pector cannot carry all these things, he may often secure satisfactory results by using 
with the blowpipe a piece of burning wood from his cooking-fire. 

In using the blowpipe it is important to remember that a trial of fusibility with the 
forceps, if not at once producing fusion, should be made on a piece of the mineral not 
larger than the fourth of an ordinary pin-head, and it should be either oblong and 
slender, or thin, and be made to project considerably beyond the points of the forceps, 
lest the forceps carry oft the heat, and cause a firilure where there ought to be success. 
P'urther, it should be borne in mind, that in using charcoal, a white coating is always a 
consequence of burning it, since the ash from its own combustion is white. 

Crystallography. 

Minerals are mostly crystallized, and a knowledge of crystals is an important aid to 
a prospector. The subject is too complex and extensive for the scope of this work. 

, Simple Tests. 

An outfit for making the simple tests suggested below, may consist of three small 
bottles with glass stoppers, one of nitric acid, one of hydrochloric acid, and one of sul¬ 
phuric acid, half a dozen test-tubes, and some glass tubing, pair of forceps, or piece of 
tin with a hole in it, in addition to the blowpipe outfit described above. 

Carbonates .—Nitric or hydrochloric acid poured ,on powdered minerals containing 
carbonic acid, will cause a brisk boiling or effervescence. 

Gelatizing Silica .—Some silicates when powdered and treated with hydrochloric 
acid, deposit the silica as jelly. Burning before treatment is advised in some cases. 

Decomposing by Acids —Some minerals after being finely powdered and boiled 


DETERMINATION OF MINERALS. 


99 

with strong acid, will deposit silica or sulphur or other substances on the glass above, 
or as a sediment at the bottom. ) 

Odor of Fumes. —Before the blowpipe sulphur, arsenic, selenium and phosphorus 
compounds give off their peculiar odors. Antimony fumes are dense, white, and with 
out odor. 

Fttsibiliiy. —The scale of fusibility is from one to five. A mineral that will melt in 
a candle flame is i ; that cannot be fused, 5. 

Color of Flame. —When a mineral contains sodium, it will burn with a deep yellow 
flame. When soda is absent,will give a pale violet flame, lime a pale reddish- 
yellow, lithium deep purple-red, strontium a bright red, copper emerald-green, pkos- 
phates bluish green, boron yellowish green, copper chloride azure-blue. 

Zinc. —This metal when heated covers the charcoal with zinc oxide, which is yellow 
while hot, and white on cooling. 

Lead. —When the mineral is treated with soda on charcoal in the oxidizing flame, 
the yellow oxide coats the charcoal. 

Copper. —The flame is mostly bright green. With borax, a red or green bead is 
formed, 

Alercury. —Heated in a closed tube with soda, mercury is deposited, and covers the 
inside of the tube. 

Silver. —Argentiferous galena is tested on bone ashes, and subjected to the oxidiz¬ 
ing flame. The lead sinks into the bone and leaves a brilliant globule of silver. 

Chlorides. —If a bead of borax be saturated with copper oxide, and then dipped into 
the powder of a substance which is to be tested for chlorine, a chloride of copper is 
formed, which imparts an azure-blue color to the flame if any chlorine is present. 

Phosphates. These give a dirty-green color to the blowpipe flame.,j The color is 
more distinct if the substance is first moistened with sulphuric acid. i 

Carbonates of Silver and Lead. —To assay carbonate of silver and lead, take the 
mineral or quartz, pulverize it, put it in a crucible or a common clay pipe; put in as much 
common salt as mineral; let it come to a boil. When it cools the silver and lead, will 
be Ti the bottom, silver the lowest. To separate the lead from the silver, put it in a 
bone dust cup and melt; the lead will absorb into the cup, leaving the silver and gold. 
To separate the latter, boil it in nitric acid, and this will leave the gold. 

Suggestions to Prospectors.* 

Quartz occurs of nearly every color, and of various degrees of glassy lustre to a dull 
stone without the slightest glistening. The common grayish cobble-stones of the fields 
are usually quartz, and others are dull red and brown.; from these there are gradual 
transitions to the pellucid quartz crystal that looks like the best of glass. Sandstones 
and freestones are often wholly quartz, and the seashore sands are mostly of the same 
material. 

Let the first trial of specimens obtained be made with a file, or the point of a knife, 
or some other means of trying the hardness ; if the file makes no impression, there is 
reason to suspect the mineral is quartz; and if on breaking it, no regular structure or 
cleavage plane is observed, but it breaks in all directions with a similar surface and a 
more or less vitreous lustre, the probability is much strengthened that this conclusion is 
correct. The blowpipe may next be used; and if there is no fusion produced by it in 
a careful trial, there can be little doubt that the specimen is in fact quartz. 

Calcite (calcium carbonate), including limestone, is another very common species. 
If the mineral is rather easily impressible with a file, it may be of this species; if it 


* Dana's Manual. 




loo 


DETERMINATION OF MINERALS. 


Cifervesces freely when placed in a test-tube containing dilute hydrochloric acid, and is 
finally dissolved, the probability of its being carbonate of lime is increased. If the 
blowpipe produces no trace of fusion, but a brilliant light from the fragment before it, 
but little doubt remains on this point. Crystalline fragments of calcite break with three 
equal oblique cleavages. , 

These abbreviations are used in the following analysis, with reference to color: bnh.l 
brownish; blackish; gnk.y greenish; grayish; rdA., reddish. The acids; 

«t/., nitric acid ; sulph. acid, sulphuric acid ; I'ICL, hydrochloric acid ; sulph., sulphur¬ 
ous or sulphurous acid. Coal is used for charcoal; fus., for fusible; infus., for infusi¬ 
ble ; sol., for soluble; st., for streak. B. B. means the action produced in the blowpipe 
flame. O. F. is the outer or oxidizing flame. R. F. is the inner or reducing flame. 
H. means hardness. 1-2 means from i to 2. G. means specific gravity. Hydrous, 
containing wa-ter. For meaning of words not understood consult a dictionary. 


SYNOPSIS OF THE ARRANGEMENT.* 


I. ELEMENTS. . 

1. Lustre metallic; liquid. 

2. Lustre metallic; malleable and eminently sectile. 

3. Lustre metallic; brittle; B. B. on coal, wholly volatile, with no sulphurous fumes.* 

4. Lustre metallic; brittle; H=i-2; leaves a trace on paper; B. B. on coal, infusi¬ 

ble, no fumes or odor. 

5. Unmetallic; burns readily with a blue flame. 

6. Lustre adamantine ; H==io. 

II. MINERALS NOT ELEMENTS, THAT B. B. ON COAL ARE 

WHOLLY VOLATILE. 

1. Lustre metallic ; streak metallic. 

2. Lustre unmetallic; streak same as color. 

III. COMPOUNDS OF GOLD, SILVER, COPPER, LEAD, TIN, MERCURY,' 
CHROMIUM, COBALT, MANGANESE: yielding, on heating, a malleable, or 
liquid (^for mercury ores), metallic globule, ajfording a decisive blowpipe reaction, 
proving the presence of one or more of these metals. 

A. Yielding a malleable globule B. B. on coal with, if not without, soda. 

1. Compounds of Gold. 

2. Compounds of Silver. 

3. Compounds of Copper. 

4. Compounds of Lead. 

5. Compounds of Tin. 

B. Yielding d*rops of mercury with soda in a closed tube. 

I. Compounds of mercury. 

C. A decisive reaction with borax or salt of phosphorus for chromium, cobalt, or 
manganese. 

1. Compounds of Chromium. 

2. Compounds of Cobalt. 

3. Compounds of Manganese. 

* To use this analysis, carefully inspect your mineral and find under which class it comes; then by 
the tests given, you can determine very closely the name of the substance in hand. 

'This arrangement is taken from Dana’s Manual of Mineralogy and Lithology, published by John 
Wiky Sc Son, New Vork City, a work that should be owned by all mineralogists. 






DETERMINATION OF MINERALS. 


lOl. 


IV. MINERALS OF METALLIC OR SUBMETALLTC LUSTRE, NOT 
INCLUDED IN PRECEDING DIVISIONS.--* • 

1. Yielding fumes in the open tube or on coal, but not wholly vaporizable. 

A. Streak metallic, i / -j 

B. Streak unnietallic. , ^ ^ 

a. Fumes sulphurous only. ^ ^ ^' 

b. Fumes arsenical, with or without sulphurous. - . 

2. Not yielding fumes of any kind ; streak unmetallic. f 

A. B. B. easily fusible, giving a magnetic bead; lustre submetallic. 

B. Infusible, or nearly so. 

a. Reaction for iron ; anhydrous. 

b. Reaction for iron ; hydrous. 

c. Reaction for chromium or titanium. 

d. Reaction for osmium with nitre. 'r'■. A 

/ 1 

V. MINERALS OF UNMETALLIC LUSTRE. 

1. Having an acid, alkaline, alum-like, or styptic taste. 

A. Carbonates: Taste alkaline; effervescence with HCl. 

B. Sulphates : No effervescence; reaction for sulphur with soda. 

C. Nitrates: With suiph. acid, reddish acrid fumes; no action with HCl; 

deflagrate. 

D. Chlorides : With suiph. acid, acrid fumes of HCl; no fumes with HCl. 

E. Borates : No effervescence; reaction for boron when moistened with suiph. 

acid, ’ ■* 

2 . Not having either of the above-mentioned kinds of taste. * 

A. Carbonates : Effervescing with HCl, 

a. Infusible ; assay alkaline after ignition. 

b. Infusible; become magnetic and not alkaline, on ignition, 

<r. Infusible; B. B. on coal with soda, zinc oxide vapors. 

d. Infusible; B. B. on coal reaction for nickel. 

e. Fusible; assay alkaline after ignitio* . 

B. Sulphates: Reaction for sulphur with sc ' • 

a. Fusible ; assay alkaline after fusion 

b. Fusible ; reaction for iron. 

c. Infusible. ' . , -i 

C. Arsenates : on coal arsenical fumes. , 

D. Silicates, Phosphates, Oxides : 

Species not included in the preceding subdivisions. 

I. Streak Deep Red, Yellow, Brownish-Yellow, Green, or Black. 

A. Infusible, or fusible with difficulty. 

B. Fusible without much difficulty. \ '. \ 

II. Streak Grayish or not Colored. 

I. INFUSIBLE. ' ' 

A. Gelatinize with acid, forming a stiff jelly. 

B. Not forming a stiff jelly; hydrous. 

a. Blue color with cobalt solution. - , 

b. Reddish or pink color with cobalt solution. 

f. Not blue or red with cobalt solution. 

C. Not forming a stiff jelly; anhydrous. 

a. Blue color with cobalt solution. 

b. Not blue or reddish color with cobalt solution. 

2 . FUSIBLE WITH MORE OR LESS DIFFICULTY. 1 

A. Gelatinize and form a stiff jelly. 
a. Hydrous; fuse easily. 



102 


DETERMINATION OF MINERALS. 


’ '» 
t • 


n )V '■ d. Hydrous; fuse with much difficulty. 
c. Anhydrous.; 

a. No reaction for sulohur; no coating on coal, 

, .. i-M Reaction for sulphur with soda. ' 

B. Not gelatinizing. “ 

1. Structure eminently micaceous; folia tough, pearly,and H. of surface 

of folia not over 3.5 ; anhydrous or hydrous. 

2 . Structure not eminently micaceous. 

а. Hydrous. 

■>i!f ui. <1* No reaction for phosphorus or boron. 

■j-. 11=1-3; lustre not at all vitreous. 

If. H= 3 . 5 - 6.5 ; lustre of cleavage surface sometimes 
pearlv; elsewhere vitreous. 
p. Reaction for phosphorus or boron. 

б . Anhydrous. 

а. B. B. lithium-red flame. 

-j . B. B.. boron reaction (green flame). 
y. B. B. reaction for titanium. * 

б . B. B. reaction for fluorine or phosphorus. 

;■ e, B. B. reaction for iron. 

t,, ,, 1?. B. B. no reaction for iron; not of the preceding subdivisions. 


::■ M X 


I. ELEMENTS. 


, ' I. LUSTRE METALLIC; LIQUID. > ■ 

'' : f , ■ i f . 

Mercury. This is the only metallic mineral which is liquid at the ordinary tem¬ 
perature and atmospheric pressure. 


2. LUSTRE METALLIC; MALLEABLE AND EMINENTLY SECTILE. 

Gold. 0 =15-195; yellow; fusible; not sol. in nitric acid or liCl, but sol. in 
aqua regia'(mixture, of the two acids named). 

Platinum, G.= i6-I9; nearly white; infusiiiie; insol. in nitric acid, 
palladium. G.= ii.3-1^11 8; grayish-white; diff. fusible; sol. in nitric acid. 

Silver. G.= io-ii.l; white; fusible; sol. in nitric acid, and deposited again on 
. copper. 

Copper. G.=8.84; copper-red ;.,fus.;^ sol. in nitric acid, and the solution becomes 
sky-blue when ammonia is added. 

Iron. G.=7.3-7.8; iron-gray; attracted by the magnet. 

The only other mineral of metallic lustre that is also malleable and eminently sec- 
tile is argentite, a silver sulphide, along with two others of like composition but differ¬ 
ent crystallization. 

r I : ! * 

3. LUSTRE METALLIC; BRITTLE; B. B. WHOLLY VOLATILE, BUT GIVE OFF NO SULPHUR- 
.:0 OUS FUMES. . 


Bismuth. G.=9.73; reddish-white; on coal a yellow coating; fumes inod. 
Antimony. G.—66-6.7; tin-white; fulnes dense wh., inod. 

Arsenic. G.=5.9-6; tin-white; fumes white, alliaceous. 

Tellurium. G.=6,l-:6.3; tin white; fus.; fumes white; flame green. 

The only other mineral that is wholly volatile, and also gives off no sulphurous fumes, 
is allemontite, an antimony arsenide. ‘ 

4. LUSTI?E METALLIC; H.= I-2; B. B. ON COAL INFUSIBLE; NO FUMES,[ 
Graphite. 

.. ' 

5. LUSTRE UNMETALLIC; TAKES FIRE READILY IN THE FLAME OF A CANDLE, AND 

BURNS WITH A BLUE FLAME. ' 

Bulphur. . 

6."LUSTRE ADAMANTINE; H=»IO. 


Diamond. Easily scratches corundum or sapphire. 


DETERMINATION OF MINERALS. 


103 

11 . MINERALS, NOT ELEMENTS, THAT ARE WHOLLY VOLATILE 

B. B. ON COAL. 

, I. lustre METALLIC; STREAK METALLIC. 

Tetradymite. G.=7.2—7.9; pale steel-gray; so soft as to soil paper; on coal white 
fumes; flame bluish-gieeii; sometimes sulph. odor; in open tube, a coating which 
fuses to white drops. '' • 

Bismuthinite. G.=6.4—7.2; whitish lead-gray; on coal yellow coating and sulph, 
.odor;-' , 

. I 

Stibnite. G.=4.5-4.52; lead-gray; on coal dense wh. fumes and wh. coating. 

2. LUSTRE UNMETALLIC; STREAK SAME NEARLY AS COLOR.' 

• ' L . 

Orpiment. Lemon yellow; on coal burns, odor alliaceous. 

Realgar. Bright red ; on coal burns, odor alliaceous. 

Arsenolite. White; on coal, odor alliaceous, 
ii Valentinite. White ; on coal dense wh. fumes, inod. Y 

Cinnabar. Red; in open tube, sulph odor, coating of mercury globules. 7 

Salmiak. White; saline and pungent taste; on coal, fumes of ammonia. 

f 

lU. COMPOUNDS OF GOLD, SILVER, MERCURY. COPPER, LEAD, 
TIN, CHROMIUM, COBALT, MANGANESE, ' 

A. Yielding a Malleable Globule B. B. on Coal, With or Without Soda., 

; I. Compounds of Gold. 

Yielding gold, or an alloy of gold and silver, B. B. on coal. The tellurium ores 
give a coating of drops of lellurous acid in open tube. .... 

2. Compounds of Silver. 

B. B. easily fusible; G. above 5 ; yield, with few exceptions, a globule of silver 
(white and malleable), on coal, with soda, if not without; and, in the exceptions, silver 
globule obtained by cupellation. All have metallic lustre excepting cerargyriie, bro- 
myrite, and iodyrite. 

a. Eminently Sectile. 

Argentite. G.=7.2-7.4; lustre metallic; on coal sulph. fumes. 

“ Cerargyrite. G.==5.3-5.6; lustre like that of white, gray, or greenish to brownish ' 
wax. 


b. Not Sectile; on Coal Odorous Fumes. 


Sulphides. Give sulph. odor. < 
Arsenical Ores. Alliaceous fumes. 
Selenides. Horse-radish odor. 


. c. Not Sectile; on Coal Fumes of Antimony or Tellurium, 

Antimonial Ores. Dense white fumes of antimony; with also, if sulphur is pres¬ 
ent, sulph. fumes. ^ ' 

Tellurides. In open tube coating which fuses to drops of tellurous acid. 

Stromeyerite. Contains copper, and requires cupellation in order to obtain a 
. globule of silver. - 


3. Compounds of Copper. 

Unless iron is present, a globule of metallic copper is obtained with .soda, if not with¬ 
out, on coal; with a nitric acid solution and ammonia in exce.ss a bright blue color; 
moistened with HCl the blue flame of chloride of copper; and a clean surface of iron 
in the nitric solution becomes coated with copper. 

I. METALLIC LUSTRE. 

■I : ) ' , • ', . , 

Sulphides. On coal or in open tube, sulph. fumes. _ 

.Arsenides, Selenides. ■ : 

>\ntimonial Sulphides. 


' l. LUSTRE UNMETALLIC; B. B. NEITHER ON COAL NOR IN OPEN TUBE ANY ODOROUS 

FUMES ; NO TASTE. 

Cuprite. H.==3.5-4; G.=5.8-6.2; isometric; deep red, streak bnh-red. 


104 


DETERMINATION OF MINERALS. 


Atacamite. Darkish bright green, streak gnh; B. B. on coal fuses, coloring O. F. 

azure-blue, with a green edge; easily sol, in acids. 

Phosphates. 

Malachite. H.=3-4; G.=3.7-4; light to deep green; effervesces with HCL 
Azurite. H.=3.5-4.5; G.==3.5-3 9; deep blue; effervesces with HCl. 

Dioptase. H.=5 ; G.=3.25-3.35 ; emerald green; B. B. infusible. 

Chrysocolla. Bluish-green; B. B. infusible, 

3. LUSTRE UNMETALLIC; B. B. ON COAL, OR IN CLOSED TUBE, ODOROUS FUMES OF 
ARSENIC OR SULPHUR, OR REACTION FOR SULPHUR. 

Arsenates. On coal arsenical fumes. 

Chalcanthite, Blue ; taste nauseous; astringent. 

Also titromeyerite, Sfannite, Bournonite give reactions for copper. 

4. Compounds of Lead. 

Yield B, B. on coal a dark lemon-yellow coating finally, with soda, if not without, a 
globule (metallic and malleable) of lead is obtained ; but by continued blowiixg with 
O. F. the lead all goes off''in fumes, leaving other more stable metals (.silver, etc,) be¬ 
hind. Sulphurous, selenious and tellurous fumes easily obtained either on coal or in 
an open tube from the sulphide, selenide, tellurides; and arsenical or antimonial fumes 
from ores containing arsenic or antimony. None have taste. 

I t 

I. LUSTRE METALLIC. 

Galenite. H.=2.5; ; cleavage cubic eminent; lead-gray, streak same; 

in open tube sulph. 

Selenides, Tellurides, Antimonial and Arsenical Sulphides. 

’2. LUSTRE UNMETALLIC; NO ODOROUS FUMES, OR REACTION FOR SULPHUR. 
Minium. Bright red, streak same. 

Crocoite. Monoclinic; bright red, streak orange-yellow; B. B. with salt of phos¬ 
phorus emerald-green bead. 

Pyromorphite. Hexagonal; bright green to brown, rarely orange-yellow ; streak 
white. B. B. fu.ses easily, coloring flame bluish-green. 

Cerussite. Trimetric, often in twins; H.—3-3.5 ; G.=6.4-6.8; white, gyli; lustre 
adamantine; often tarnished to grayish metallic adamantine. Effervesces in 
dilute nitric acid. 


3. UNMETALLIC ; REACTION FOR SULPHUR. 

Anglesite. Trimetric; white, gyh; fuses in flame of candle; B. B. reaction for 
sulphur; no effervescence with acids. 

5. Compounds of Tin. 

Cassiterite. H.=6-7 ; G.==6.4-7.15 brown, gyh, ywh, black; B. B. infusible; on 
coal with soda a globule of tin, yield rio fumes. 

Stannite. A copper, iron, and tin sulphide, does not give B. B. a metallic 
malleable globule. 

B. Yielding Drops of Mercury in Closed Tube With or Without Soda. 

Compounds of Mercury. 

Cinnabar. H.=2-2.5 » G.=8-9; bright red, bnh red, gyh ; streak scarlet. 

Amalgam. H.=3-3.5 ; G.=13-14; silver-white; yields silver B. B. on coal. 

Spaniolite, A variety of telrahedrite, yields mercury. 

C. No Malleable Globule; Decisive Reaction With Borax or Salt of Phos¬ 
phorus for Chromium, Cobalt, or Manganese. 

I. Compounds of Chromium. 

Give with borax an emerald-green bead in both flames. 

Chromite. H.=5.5; G.=4.3-4 5; isometric, often in octahedrons, mas<;ive; sub- 
metallic; bnh iron-black, .streak brown; B B. on coal becomes magnetic; with 
borax, a bead which is emerald-green on cooling. 1 


DETERMINATION OF MINERALS. 


105 

Crocoite. H.=2.5-3; G.—5.9-6. i; bright red, streak orange ; B. B. fuses very 
easily, on coal globule of lead, and with salt of phosphorus ’emerald-green bead. 
Phoenicochroite and Vauguelinite are other lead chromates. 

2. Compounds of Cobalt. 

Give a blue color with borax after, if not before, roasting. 

[Wiien much nickel or iron is present the blue color is not obtained; and species 
or varieties of this kind are not here included.] ‘ 

I. LUSTRE METALLIC. 

Cobaltite. H.==55.5; G.=6-6.3; isometric and pyritohedral; rdh silver-white, 
streak grayish-black; B. B. on coal sulph. and arsen. fumes, and a magnetic glo¬ 
bule. 

Smaltite. H.=f=5.5—6; G. =6.4-7.2; tin-w'hite, streak gyh black; B. B. on coal 
alliaceous fumes; most varieties fail to give the blue color immediately with borax, 
because of the iron and nickel present. 

Linnaeite. Ii.=5.5; G.=4.8-5; isonietric; pale steel-gray, copper-red tarnish, 
streak bkh gray. B. B. on coal sulph. fumes-. 

2 . LUSTRE UNMETALLIC. 

Erythrite. H.—i.5-2.5; G.=2.95 ; monoclinic, one highly perfect cleavage, also 
earthy; rose-red, peach-blossom red, streak reddish; B. B. fuses easily; yields 
water. 

Bieberite. A cobalt sulphate. 

Remingtonite. A hydrous cobalt carbonate. 

3. Compounds of Manganese. 

Give an amethystine globule in O. F. with borax. [The globule looks black if too 
much of the manganese mineral is used, and with a large excess may be opaque.] 

.1- 

I. GIVES OFF CARBONIC ACID WHEN TREATED WITH DILUTE IICl; LUSTRE UNMETALLIC. 
Rhodochrosite. H.=3.5-4.5; G.=3 4-3 7 ; rose-red. 

Also manganese-bearing varieties of calcite, dolomite, ankerite, siderite, all of which 
have the cleavage and general form of rhodochrosite; when containing a few per cent, 
of manganese they often turn black on exposure. 

2. TREATED WITH HCl YIELDS CHLORINE FUMES. ' 

Manganite. 11=4; G. =4.2-44; in oblong trimetric prisms; grayish-black, 
streak reddish brown; lustre subinetalhc; B. B. infusible; yields water. 
Psilomelane. H =5-7; G.=3.7-4.7; amorphous; black, streak brownish-black; 
submetaliic ;*B B. iufu.dble ; yields water. 

IV( 7 (/ similar, but often contains cobalt. 

Pyrolusite. 11 .=2-2,5; G.=4 82; in stoutish trimetric crystals; metallic; dark 
steel gray, streak black or bluish-black; B. B. infusible; yields no water. 
Braunite and Hausmannite are other anhydrous manganese oxides. 

Fianklinite. II.=5.5-6.5 ; G.=5-5.I; in octahedrons and massive; iron-black, 

streak dark reddish-brown ; B. B. infusible; but little chlorine with HCl. 

3. CARBONIC ACID OR CHLORINE NOT GIVEN OFF WHEN TREATED WITH HCl; 

ANHYDROUS. d 

Rhodonite, H.=5.5-6.5; G.=3.4-3.68; rose-red; B. B. fuses easily. 

Triplite. II.=5 5; G.=3.4-3.8; brown to black; B. B. fuses very easily, globule 
magnetic; .sol. in HCl. 

Helvite, H.=6-6 5; G.=3.1-3.3; in yellowish tetrahedrons; B. B. fuses easily. 
Spessartite (.Manganesian Garnet). H.=6.5-7; G. =3 7-4.4; in dodecahedrons 
and trapezohedrons; red, brownish-red; B. B. fuses easily. 

Tephroite. H.—5.5-6; G.=4-4.12; reddish to brown and gray; B. B. fuses not 
very easily; gelat. in HCl. 

Knebelite is related, and also gelatinizes. 

Hausrite. 11=4; ^ =346; isometric, reddish-brown, streak brownish red. B. 
B. yields sulphur, after roasting reaction for manganese. 


io6 


DETERMINATION OF MINERALS. 


Alabandite. H.==3 5-4; G.==4; submetallic, iron-black; streak green; B. B. on 
coal sulphur, after roasting reaction for m nganese. 

Vesiivianitey epidote^ axiniie, ilvaite, gothiU, include varieties that give reaction 
for manganese. 

. '* 1 - . 

IV. MINERALS OF METALLIC OR SUBMETALLIC LUSTRE, NOT 
INCLUDED IN PRECEDING DIVISIONS. 

Yielding B'umes in Open Tube or on Coal, but not wholly Vaporizable. 

A. Streak metdllic. ' 

Molybdenite. H.=i-i.5 ; G.-=4 4-4 8; lead-gray, and leaves trace on paper; 

B. B. on coal sulphurou. fumes. ^ 

Bismuthinite. H.=2 ; G.=6 4-7.2; lead-gray, whitish ; B. B. on coal sulphurou* 
fumes, and yellow bismuth oxide; sol. in hot nitric acid and a white precip. on 
diluting with water. 

B. Streak tint?ietallic. 

a. Fumes sulphurous only. 

Pyrite. H.=6-6.5; G.=4.8-^.2; isometric and pyritohedral; pale brass-yellow, 
streak gnh black, bnh black; B. B. on coal, fuses to a magnetic globule. 
Marcasite. H.=6-6 5 ; G.==4 68-4.85 ; trwietric; pale bronze-yellow; streak gyh 
black, bnh black; B. B. like pyrite. » 

Pyrrhotite. H.=3.5-4.5 ; G.=4 4-4.68; hexagonal; bronze-yellow, rdh; streak 
gvh black; slightly magnetic; B. B. fuses to a magnetic mass.'-’ 

Millerite. U =3—3 5 ; G =4.6-5 7 ; rnombohedral, usually in acicular or capillary 
forms, also in fibrous crusts; brass-yellow, somewhat brpnze-like; B. B. fuses to a 
globule, reacts for nickel. ‘ ‘ '' 

Linnaeite. H.=5 5; G.=4.8-5 ; isometric; pale steel-gray, copper-red tarnish; 
streak blackish-gray; B. B. on coal fuses to a magnetic globule, after roasting 
gives reactions for nickel, cobalt, and iron. 

Sphalerite. H.=3.5-4; G.=3.9-4.2; isometric; lustre submetallic; streak nearly 
uncoiored; nearly infusible alone and with borax; on coal a coaling of zinc oxide. 

b. Arsenical fumes, with or without sulphurous. 

\rsenopyrite. H.=5-6; G.=6-6 4; trimetric; white, gyh, streak dark gyh 
bl.ick. In closed tune, red arsenic sulphide and metallic arsenic; B. B. on coal 
fuses to magnetic globule. , 

Gersdorffite. H.=5 5 ; G.=5.6-6.9; isometric, pyritohedral; white, gyh, streak 
grayish-black. In closed tube arsenic sulphide, on coal not magnetic, and reacts 
for nickel and often cobalt. 

Niccolite. PI.==5-5.5; G.=7.3-7.7; hexagonal; pale copper-red, streak pale bnh 
black; in open tube, coating of arsenious acid ; B. B. on coal*no sulph. fumes, 
fuses to globule which reacts for iron, cotialt and nickel. 

Smaltite. H.=5.5-6; G.=6.4-7.2; isometric; tin-white; streak gyh black; on 
coal, no fumes of sulphur or only in traces. 

2. Not Yielding Fumes of Any Kind. Streak Unmetallic. 

A. B. B. easily fusible, and giving a magnetic bead. Lustre submetallic. 

Ilvaite. H.=5.5-6; G. =3.7-4.2; trimetric; gyh iron-black, streak gnh or bnn 
black; gelat. with HCl. 

Allanite. H.=5.5-6; G,=3-4 2; monoclinic; bnh pitch-black, streak gyh, bnh; 

B. B fuses easily; most varieties gelat. with IICl. 

Wolframite. H.=5-5.5 > G.=7.1-7.6; monoclinic; gyh black or bnh black; B. 
B. tuses easily, and reacts for iron, manganese, and tungsten. 

I 

B. Infusible or ytearly so. 
a. Reaction for iron; anhydrous; H.=5-6 5. 

Magnetite. G. =4 9-5*2; isometric ; iron-black; streak black ; strongly magnetic. 
Menaccanite. G.=4 5-5; rhombohedral; iron-black; streak submetallic, black to 
bnh red; very slightly magnetic. 

Hematite. ^.==^4 5-5 3; rhombohedral; gyh iron-black; in very thin splinters or 
scales blood-red by transmitted light; streak red; sometimes slightly magnetic. 


DETERMINATION OF MINERALS. 


107 


Martite. Same as hematite, but isometric. 

Tantalite. G.==7-8; trimetric; iron black, streak rdh brown to black. 

Franklinite. H.=5.5-6.5; G.=4.8-5.i; octahedral, massive ; iron-black; streak 
dark rdh brown; slightly attracted by magnet; with soda reaction for manganese. 

Columbite. G.==5 4-6 5; trimetric; iron-black, gyh black, streak dark red to 
black, often with a bluish steel-tarnish. 

Samarskite. H.=5.5-7; G.=5.6-5.8; velvet-black, pitch-black; streak dark rdh 
brown; B. B. glows; fuses with difficulty. 

b. Reaction for iron; hydrous; lustre submetallic. 

Limonite. G.=3.6-4; massive, often stalactitic and tubero.se with surface some¬ 
times highly lustrous, often subfibrous in structure; black, bnh black; streak bnh 
yellow. 

Gothite. G.==4 .o- 4,4; trimetric; also fibrous and massive; bkh brown; streak bnh 
yellow. 

Turgite. G.=3.6-4.68; fibrous and massive, looking like limonite; black, rdh 
black, streak red; in closed tube decrepitates, which is not the case with gothite 
and limonite. 

c. Reaction for chromium or titanium. 

Chromite. II.=5-5.5; G.=4 3^.6; isometric; submetallic; bnh iron-black, streak 
brown; B. B. with Iwrax gives a bead which on cooling is chrome-green. 

Rutile. H.=6-6.5 > G.=4. 18—4 25 ; black, streak bnh ; reacts for titanium. Black 
varieties of brookite, submetallic in lustre, give same reaction. 

Euxenite, yttrotantalite, icschynite, fergusonite, perofskitc are submetallic 

in lustre. 

d. Heated with nitre in a matrass yields fumes of osmium. 

Iridosmine. H.=6-7 ; G.= 19-21.2; in small scales from auriferous or platinifer- 
ous sands; tin-white, gyh. 

V. LUSTRE UNMETALI.IC. 

I. Minerals Having an Acid, Alkaline, Alum-like, or Styptic Taste. 

A. Carbonates: Taste alkaline; effervescing with HCl. 

Natron. Effloresces on exposure. 

Trona. Does not effloresce. 

B. Sulphates : No effervescence; reaction B. B. on coal with soda for sulphur. 

Mascagnite. Yields ammonia. 

Mirabilite. Monoclinic, crystals stout; taste cool, saline, bitter; B. B. flame deep 
yellow. 

Epsomite. Trimetric, crystals ordinarily slender, spicule-like; taste bitter and 
saline; B. B. flame not yellow. 

Alunogen. Taste like common alum. 

Kalinite, Mendozite, and other alums. . 

Melanterite. Green; taste styptic; reacts for iron. 

Chalcanthite. Blue ; reacts for copper. 

Morenosite. Green ; reacts for nickel. 

Bieberite. Reddish; reacts for cobalt. 

Goslarite. White; reacts for zinc. 

Johannite. Emerald-green, reacts for uranium. 

C. Nitrates : With sulphuric acid, reddish acrid fumes; no action with hydrochloric 

acid ; deflagrate. 

Nitre. Not efflorescent. Strong deflagration. 

Soda-Nitre. Efflorescent. 

Nitrocalcite. Deflagration slight. 

D. Chlorides : With sulphuric acid acrid fumes of HCl; no fumes with FICL 

Salmiak. Taste saline, pungent; on coal, evaporates; with soda, odor of ammonia. 

Sylvite. Taste saline ; B B. flame purplish. 

Halite or Common Salt. Taste saline; B. B. flame yellow. 


lo8 DETERxMINATION OF MINERALS. 

E. Borates: No effervescence with acids; B. B. reaction for boron, when moistened 

with sulphuric acid. 

Sassolite. Taste feebly acid; B. B. very fusible. 

Boi'ax. Taste sweetish alkaline; B. B. puffs up. 

2. Minerals Not Having an Acid, Alkaline, Alum-like or Styptic Taste. 

A. Carbonates : Effervescing with HCl. 

a. Infusible ; assay alkaline after ignition. 

Calcite. H. under 3.5; G.=2.5-2.72; R f\ R=i050 3', with three easy cleavages 
parallel to R; colors various; effervesces readily with cold HCl; anhydrous. 

Aragonite. H.==3.5-4; G.=2.94; trimetric, cleavage imperfect; otherwise like 
calcite. 

Dolomite. H.==3.5-4; G.=2.8-2.9; rhombohedral, R/\ R=io 60 15'; colors 
various; effervesces but slightly with cold HCl, unless finely pulverized; an- 
hyd rous. 

Magnesite. H.=3,5—4.5; G.==3-3.i; rhombohedral, R/\ R==I070 29'; white, 
ywh, gyh; effervesces Imt slightly with cold HCl; anhydrous. 

Hydromagnesite. H.=i-3.5; (>.=2.14-2.18; hydrous. 

b. Infusible ; become magnetic and not alkaline after ignition. 

Siderite. H.=3.5-4.5; G.=3.7-3.9; rhombohedral, R : R==iO70; cleavage as in 
calcite; becomes brown on exposure, changing to limonite. 

Ankerite. H.=3.5-4; G.=2.9-3.i; R/\R=io 60 7'; becomes brown on ex¬ 
posure. 

Some kinds of calcite and dolomite contain iron enough to become magnetic on 

ignition. 

c. Infusible; B. B. on coal with soda, coating of zinc oxide. 

Smithsonite. H.=5; G. =4-4.5; rhombohedral like calcite; R/\ R=i 070 40'; 
crystals often an acute rhombohedron ; anhydrous. 

Hydrozincite. H.=2-2.5 > 3-6-3.8; white, gyh, ywh, often earthy; reacts for 

zinc; hydrous. 

d. Infusible; B. B. on coal reaction for nickel. 

Zaratite (Emerald nickel). H.=3. Emerald-green, streak paler. 

e. Fusible; assay alkaline after ignition. 

Witherite. H.=3-3.75 ; G.=4 29-4.35 5 trinietric; white, ywh, gyh; B. B. fuses 
easily, flame ywh green; anhydrous. 

Strontianite. H.=3 5-4; G.=3.6-3.72; trimetric; pale-green, gray, ywh, white; 
B. B. fuses only on thin edges, flame bright red; aniiydrous. 

Barytocalcite. Monoclinic. G. =3.6-3.66; B. B. nearly like witherite. 

B. Sulphates or Sulphides: Reaction for sulphur with soda. 

a. Fusible; as.say alkaline after fusion. 

Barite. H.=2.5-3.5; (>.=4.3-4.72; trimetric; white, ywh, gyh, bluish, brown; 
B. B. decrepitates and fu.ses; flame yellowish green ; anhydrous. 

Celestite. H.=3-3.5; ^•~3 9~3 9 ^> trimetric; white, pale blue, rdh; B. B. fuses, 
flame red; anhydrous. 

Anhydrite. H =3-3.5; G.=2.9-3 0; trimetric, with three rectangular and easy 
cleavages differing but slightly; white, bluish, gyh, rdh, red; B. B. fuses, flame 
reddish yellow. 

Gypsum. H.=1.5-2; G.=2 3-2.35; monoclinic, one perfect pearly cleavage; 
white, gray, hut also brown, black from impurities; B. B. yields much water, 
becomes white and crumbles easily. 

b. Fusible ; reaction for iron. 

Copiapite. H.=i.5 ; G.=2.i4; yellow ; on coal, becomes magnetic; hydrous. 

Hauynite also gives the sulphur reaction with stxia. 

c. Infusible, or nearly so. 

Alummite. H. = t- 2; G.= t66; adheres to the tongue; white; B. B. blue with 
cobalt solution. Alunite is similar, but H.=4, and G.=2 58-2.75. 


DETERMINATION OF MINERALS. 


109 

Sphalerite. 11—3.5-4; G.==3.9-4,2; isometric; light to dark resin-yellow; B. B. 
on coal, coating of zinc oxide. 

C. Arsenates : Arsenical fumes on coal. 

Scorodite. H.—3.5-4; G.=3.1—3.3; trimetric; leek-green to liver-brown; B. B. 
fuses easily, flame blue, and with soda gives a magnetic bead; on coal alliaceous 
fumes; in FICl. sol. 

Pharmacosiderite. H.=2.5; G.=2.9-3; cubes and tetrahedrons; dark green, 
bnh, reddish ; B. B. same as for scorodite. 

Pharmacolite. H.= 2-2 5; G.=2.6-2.75; wh, gyh, rdh; monoclinic with one 
eminent cleavage; B. B. fuses, flame blue; on coal, alliaceous fumes; after ignition 
assay alkaline; in HCl. sol. 

D. Silicates, Phosphates, Oxides: Species not Included in the Three Pre¬ 
ceding Subdivisions. 

I. Streak Deep Red, Yellow, Brownish-Yellow, Green or Black. 
a. Infusible, or fusible with much difficulty. 

Hematite. Red to black ; streak red ; B. B. reaction for iron; magnetic after igni¬ 
tion in R. F.; anhydrous. 

Limonite. Brownish and ochre-yellow to black; streak brownish yellow; B. B. 
gives off water, turns red, becomes magnetic in R. F. 

Turgite. Brown to black; streak red; B. B. gives off water; decrepitates; be¬ 
comes magnetic in R. F. 

Fergusonite. Brownish black; infusible. 

Zincite. Red; streak orange; B. B. on coal, zinc oxide coating, and coating 
moistened with cobalt solution, green in R. F. 

b. Fusible without much difficulty. 

Wolframite. Grayish to brownish black ; streak dark reddish brown to black; 
lustre submetallic; G.=7.1-7.55. B. B. fuses easily, and becomes magnetic; re¬ 
action for tungsten. 

Vivianite. Blue to green (to white) ; streak bluish-white; G.=2.5-2 7; H.—1.5- 
2, hydrous; B. B. fuses easily to magnetic globule, coloring flame bluisii green. 

Torbernite. Bright green, square tabular micaceous crystals; streak paler green; 
H.=2-2.5 5 hydrous; yields a globule of copper with soda. 

Samarskite. H.=5.5-6; G.—5.6-5.8; velvet-black; streak dark reddish brown; 
B. B. fuses on the euges. 

# 

II. Streak Grayish or not Colored. 

I. infusible. 

a. Gelatinize with acid, forming a stiff jelly. 

Chrysolite. Yellow-green to olive-green, looking like glass; H.=6.7; G.=3.3— 
3.5; B. B. reacts for iron, becomes magnetic; anhydrous. 

Chondrodite. H.=6-6.5; G.=3.i-3.25; pale yellow to brown, and reddish 
browm; lustre virtreous to resinous; B. B. reaction for iron and fluorine.; an¬ 
hydrous. 

Allophane. H.==3; G.==i.8-i.9; always amorphous, never granular in texture; 
bluish, greenish ; B. B. infus., a blue color with cobalt solution; hydrotts. 
Willemite, Calamine, Sepiolite, fuse with great difficulty, and are included under 

fusible gelatinizing species. 

b. Not forming a stiff jelly with acid; hydrous, 
a. Blue with cobalt solution (owing to presence of aluminum). 

Wavellite. H.=3.25-4; G.=2.3-2.4; white to green, brown; B. B. bluish-green 
flame after moistening with sulph. acid. 

Lazulite. H.=5.6; G.=3-3.i ; blue; B. B. green flame, especially after moisten¬ 
ing with sulph. acid ; hydrous. 

Turquois. H.==6; G.=2.6-2 85 ; sky-blue, pale green; B. B. flame green. 

Kaolinite. H.=i-2; G.=2.4-2.65; white when pure; feels greasy; B. B. flame 
not green. 


1 lO 


DETERMINATION OF MINERALS. 


Gibbsite. H.=2.5-3.5; G.=2.3-2.4; white, grayish, greenish; B. B, flame not 
green; soluble in strong sulph. acid. 

Diaspore. il,=6.5-7; O. =3.3-3.5; in thin foliated crystals, plates or scales; 
white, greenish, brownish; B. B. flame not green; soluble in sulpiiuric acid after 
ignition. 

h. Pale red or pink color, with cobalt solution (owing to presence of magnesium). 

Brucite. H.=2.5 ; G.==2.3-2.45 ; pearly, white, greenish; foliaceous or fibrous 
and flexible; B. B. after ignition, alkaline. 

c. Not blue or red with cobalt solution. 

Opal. H.=5.5-6.5 ; G.= i. 9-2.3; B. B. with soda soluble with effervescence. 

Genthite. H.=3-4; G.=2.4; pale green, yellowish ; B. B. with borax a violet 
bead, becoming gray in R. F. owing to nickel; decomp, by HCl. 

Chrysocolla. H.=2-4; G.—2-2.24; pale bluish-green to sky-blue; B. B. flame 
emerald-green, and with soda on coal globule of copper. 

The micas, chlorites, chloritoid, and serpentine often fuse on their edges with 

much difficulty. 

c. Not forming a stiff jelly ; anhydrous ; H.—5-9. 
a. Blue color with cobalt solution. 

Corundum. H.=9; G.=4; rhombohedral; blue, white, red, gray, brown. 

Chrysoberyl. H.—8.5 ; G.=3 7 ; gray, green, to emerald-green. 

Topaz. H.—8; G.==3 5; in rhombic prisms with perfect basal cleavage, rarely 
columnar; white, wine-yellow, and other shades. 

Rubellite. H.=7.5; G.=3; in prisms of 3, 6, or 9 sides; rose-red; reaction for 
boron. 

Andalusite. H.=7.5; G.=3.2; always in prismatic crystals, often tesselated 
within, i /\ 1=930; grayish-white to brown. 

Fibrolite. H.=6-7 ; G.=3.2; columnar or fibrous forms and prismatic crystals 
with brilliant diag cleavage. 

Cyanite. H.=5-7 (greatest on extremities of crystals); G.=3.5; in long or short 
prismatic crystallizations, often biaded prisms ; pale blue to white and gray. 

Leucite. H.-—5.5-6; G.=2.5; white, gyh ; often in trapezotiedral crystals. 

b. Not giving a blue or reddish color with cobalt solution; H.=*3-8. 

Spinel. H.=8; G.=3.5-4 i; in octahedrons of fed, greenish gray, black colors. 
(Jahnite is .similar, but with borax on coal, gives reaction for zinc. 

Beryl. H.=7 5-8; G.=2.6-2.7; always in hexagonal prisms; pale bluish and 
yellowish green, to emerald-green, also resin yellow and white, no distinct 
cleavage. 

Zircon. II. = 7.5; G.=4-4.75; cbnaetric, and often in square prisms; lustre ada- - 
mantine ; brown, gray. 

Staurolite. H =7 ; G =^=3 4-3.8; in prisms of 123O, and often in cruciform twins; 
no oistinct cleavage; brown, black, gray. 

Quartz. H.=7 ; G.=2.6; often in hexagonal crystals with pyramidal terminations; 
of various shades of color. Opal is in part anhydrous. 

Monazite. H.=5-5 5; G.=4 9-5 3; in small brown imbedded monoclinic crys¬ 
tals with perfect basal cleavage; B. B. flame bluish-green when moistened with 
sulph. acid. 

Rutile. H.=6-6.5 ; G. =4 15-4 25 ; di*^etric; reddish-brown to brownish-red, 
green, black; B. B. reaction for titanium. Brookite and Octahedrite, are similar, 
except in crystalline forms, and G in brookite 4 0-4 25, in octahedrite 38-3.95. 

Perofskite. II.=5.5 ; G.=4-4 i; yeilowisn, brown, black; cubic and octahedral 
form.'.; B. B reaction for titanic acid. 

Enstatite. il.=5.5; G.=3 1-3.3; prismatic and fibrous forms with I /\ 1=880 
16', al.io foiiateci, whitish, grayisn, brown. Anthophyllite is similar, but I f\ 1 = 
125O, and it fuses on the edges with gre.it difficulty. 

loLite, apatite, scheelite, euclase, fuse with iiiucn duficulty, and euclase gives some 

water 111 closed tube when higiiiy ignited. 


DETERMINATION OF MINERALS. 


Ill 


2 . FUSIBLE WITH LITTLE OR MUCH DIFFICULTY. 

A. Gelatinize and afford a stiff jelly. 

a. Hydrous ; fuse easily. 

Datolite. H.=5-5.5 ; G.=2.8-3; white, greenish, yellowish ; crystals glassy, stout, 
sometimes massive and porcellanous, never fibrous; B. B. fuses easily, reaction 
for boron. 

Natrolite. H.:=5-5.3 ; G =2.3-2.4; in slender rhombic prisms, and divergent 
columnar; white, ywhj rdh, red ; B. B. fuses very easily. 

Scolecite. H.=3-5 5; G.=2.16-24; cryst. much like natrolite, but twinned, 
with converging striae; B. B. sometimes curls up, fuses very easily, 

Gmelinite. H.=4.5; G.=2-2.2; in small and short hexagonal or rhombohedral 
cryst.; B. B. fuses easily. ' 

Phillipsite. H.=4-4.5; G.=2.2; in twinned crystals; B, B, fuses rather easily. 

Laumontite. H.=3.5-4; G.=2 2-2.4; white,reddish ; crystals become while and 
crumbling on exposure to the air; B. B. fuses rather easily. 

Pectolite and Analcite^ imperfectly gelatinize. 

b. Hydrous fuse with much difficttliy. 

Calamine. H.=4.5-5 ; G.=3.15-3.19; white, greenish, bluish; orthorhombic 
in crystals; B. B. lus. with great difficulty, reaction for zinc and none for iron; 
hydrous. 

Sepiolite. White; soft and almost clay-like, also fibrous; B, B. fuses with diffi¬ 
culty, with cobalt solution ; reddish; hydrous. 

Pyrosclerite. H,=3; G.=2.74; micaceous; B. B. fuses on thin edges. 

c. Anhydrous. 

, a. No reaction for sulphur; no coating on coal. 

Nephelite. H.=5.5-6; G.=2 5-2.65 ; hexagonal prisms and massive; vitreous, 
with greasy lustre; white, ywh, gyh brown, rdh; B. B. fuses rather easily. 

Wollastonite. H.=4.5-5; G. =2.75-2.9; white, gyh, rdh, bnh; B, B. fuses 
easily. 

Sodalite. H.=5 5-6; G.=2 13-2.4; white, blue, reddish; in dodecahedrons and 
ma.ssive ; B. B fuses not very easily. 

Willemite. H.=5 5 ; G.==^.g- 42 ; white to greenish, reddish, brownish; B. B. 
glows and fuses witn (iifficuity; reaction for zinc and none for iron; annyurous. 

p. Reaction for sulphur B. B. with soda. 

Hauynite. H.==5.5-6; G.=?2.4-2.5 ; blue, greenish; isometric, in dodecahe¬ 
drons, octahedrons; B. B. fuses witn some difficulty. 

Danalite. H.=5 5-6; ; isometric; tlesh-red to gray; B. B, fuses rather 

easily, and gives reaction for mangmese and zinc. 

B. Not Gelatinizing. 

. Structure eminently micaceous, surface of folia more or le.ss pearly; 

H OF surface of folia not over 3 5; anhydrous or hydrous. 

Muscovite, Biotite, Philogopite, Lepidolite, Lepidomelane. Anhydrous, or 
affording very little wate*-; B. B. fuse with difficulty on thin eoges, excepting li^p- 
idomeiane, which fu.ses rather more easily, * 

Margarodite, Damourite. Much like common mica, but more pearly and greasy 
to me feel, folia not elastic; giving a little water in the closed lube; color usually 
whitish. 

Fenninite, Ripidolite, Prochlorite. Usually bright or deep green, blnckish- 
green. recidisli, rarely white; folia tough, inelastic; B. B. diff. fus., reaction for 
iron and yield much water: partially (iecomposeti by acids. 

Vermiculite, Jefferisite. Brown, yellowisli-brown, green ; exfoliate remarkably; 
viehi much water. ‘ 

Margarite. H .=3 5-4 5 ; (highest on edges); G-=2gg; white, ywh, rdh; folia 
somewhat brittle; B. B. iu>es on thin eoges; yields a iitiie water. 

Talc. H =1-1.5 ; G =2 5-2.8 ; pearly and very grea.sy to the touch • white, pale 
green, grav; B B. very uifficuitiy fusible, yields usually traces of water; reddish 
witn cobalt solution. 




112 


DETERMINATION OF MINERALS. 


j^yrophyllite. Similar to talc, but B. B. exfoliates remarkably; blue with cobalt 
solution. 

..^ahlunite. Has often a more or less distinct micaceous structure. 

Auiunite. Has a mica-like basal cleavage; but it occurs in small square tables 
f a brigiil yellow color. Diallage, has a structure nearly micaceous. l>erpenline, 
i sometimes nearly micaceous, but the folia are not easily separable and are brittle. 
Ihloritoid, has a perfect basal cleavage, but folia very brittle, and cleavage less easily 
.biained than in itie preceding; and moreover the mineral is inlusibie. 

2. Structure not micaceous. 
a. Hydrous. 

a. No reaction for phosphorus, or boron, 

I Hardness, with the exception of a variety of serpentine, i to 3; lustre not at all 

vitreous. 

Chlorites. H.—2-2.5. Here fall the massive granular chlorites, olive-green to 
black in color, of the species penninite, ripidolite, prochlorite; B. B. reaction 
for iron, fuses w'ith difficulty ; yields much water. 

Vermiculite. H.—1-1.5. Granular massive forms of vermiculite. 

Talc. H.= i-i. 5. Here falls steatite (soapstone) or massive talc, of white to 
grayish green and dark green color, granular to cryptocrystalline in texture. B. B. 
fuses with great difficulty, and yielus only traces of water; no reaction for iron, or 
only slight. 

Pyrophyllite. Grayish-white, massive or slaty; B. B. like the crystallized in its 
difficult fusibility and little water yielded, but does not exfoliate. 

Serpentine. H.=2.5-4; G.==2.j,6-2.^^ ; olive-green; ywh green; blackish-green, 
wiiue; B. B. iuses with difficulty on thin edges; yields much water. 

Finite. 11.-25-3.5; G.—2.6-2.85; lustre feebly waxy; gray, giih, bnh. B. B. 
fu.-.es; yields water. 

Damourite. Same as crystallized, but in massive aggregation of scales. 

If Hartiness 3-5-6.5; lustre often pearly on a cleavage surface, but elsewhere vitreous. 

Prehnite. H.=6-6.5; G.=2.8-3; pale green to white; crystals often barrel¬ 
shaped, made of grouped tables; B. 13 . fuses very easily; decomp, by HCI. 

. Pectolite. 11=5; G. =2.68-2.8; white; divergent fibrous, or acicular; B. B. 
fuses very easily; gelatinizes imperfectly with HCI. 

Apophyllite. II.=4.5-5; ^ ”^.3-2.4; white, gnh, ywh, rdh; dimetric, one 
peneci pearly cleavage transverse to prism; B. B. fuses very easily; a fluorine re¬ 
action; decomp, by HCI. 

Chabazite. H.=4-5; G.=2-2.2; rhombohedral, vitreous; w'hite, rdh; B. B. 
fuses easily; uecomp. by HCI. 

Harmotome. H.=4 5; G.=2.44; white, yviffi, rdh; crystals twins, usually cruci¬ 
form; B. B. fuses not very easily; vitreous in lustre; decomp, by HCI. 

Stilbite. H.=3.5-4; G.=2-2.2; white, ywh, red ; crystallizations often radiated, 
lamellar; one perfect pearly cleavage; B. B. exfoliates, fuses ea.'-il’; decomp, by 
HCI. 

Heulandite. H.=3.5-4; G.=2 2; in oblique crystals, with one perfect pearly 
cleavage; B. B. same as for stilbite. 

Euclase. H.=7-5 ; G.=3.i; in glassy transparent monoclinic crystals; B. B. fuses 
wiin great difficulty ; gives water in closed tube when strongly ignited. 

Prehnite, apophyllite, chabazite, hartnotome, hetilandite, and euclase never 
occur 111 tiorous forms. 

b. Reaction either for phosphorus or boron. 

Vivianite. H.=1.5-2; G.=2.55-7; monoclinic with one perfect cleavage; white, 
blue, green; B. B. fuses very easily, the flame bluish-green, a gray magnetic 
globule; in HCI sol. 

Ulexiie. H.=i; G.=i.65; white, silky, in fine fibres; B. B. fuses very easily, 
and moistened with sulph^acid flame for an instant green, owing to the boron 
present; little sol, in hot water, Friceiie is in texture and color like chalk; simi- 
'j- to uiexite in green flame B, B. 

Borax and Sassolite are other soft minerals containing boron, but these hav« 
taste. 


DETERMINATION OF MINERALS. 


”3 


b. Anhydrous. 

a. B. B. the flame lithhim-red. 

Spodumene. H.=6.5-7; G.=3.13-3.19; white, gyh, gnh, white, monoclinic 
(like pyroxene), with I/\ 1=870, and perfect cleavage parallel to I and i-i; 
B. B. swells and fuses. 

Petalite, H.=6-6.5 > G.=2.4-2.5 ; white, gray, rdh, gnh ; B. B. becomes glassy 
and fuses only on the edges. 

Hebronite, Amblygonite. H.=6; G.=3—3. i; mountain-green, gyh, white, bnh ; 
B. B. fuses very easily, reaction for fluorine. 

Triphylite. H.=5; G.=3.5-3.6; greenish, gray, bluish, often bnh black exter¬ 
nally ; B. B. fuses very easily, globule magnetic; with soda, manganese reaction. 

Lepidolite. H =2.5-4; G.=2.8-3; micaceous, also scaly-granular; rose-red, pale 
violet, white, gyh; B. B. fuses easily; after fusion gelat. with HCl. Some biotite 
gives the lithia reaction. 

p. B. B. boron reaction {greett Jlame'). 

Tourmaline. H.=7; G.=2.9-3.3; rhoinbohedral, prisms with 3,6,9 sides, no 
longitudinal or other distinct cleavage; black, blue-black, green, red, rarely white;, 
lustre of dark var. resinous; B. B. fusion easy for dark var. and difif. for light. 

Axinite. H.=6,5-7; G^==3.27; triclinic, sharp edged, glassy crystals; rich brown 
to pale brown and grayish; B. B. fuses readily; with borax violet bead. 

Boracite. H.=7; G.=2.97; isometric; white, gyh, gnh; lustre vitreous; fuses 
easily, coloring flame green. 

Danburite is another boron silicate. 

1 

7. B. B. reaction for titanium. 

Titanite. H.=5—5.5; G.=3.4-3.56; monoclinic; usually in thin sharp-edged 
crystals; brown, ywh, pale green, black ; lustre usually subresinous; B. B. fuses 
with intumescence. 

6 . Reaction for fluorine or phosphorus. 

Cryolite. H.=2.5; G.=2.9-3; white, rdh, bnh; fnses in the flame of a candle; 
soluble in sulph. acid which drives off hydrogen fluoride, a gas that corrodes glass. 

Fluorite. H.=4; G. =3-3.25; isometric, with perfect octahedral cleavage, and 
massive; white, wine-yellow, green, purple, rose-red, and other bright tints; phos¬ 
phoresces; when heated, decrepitates; B. B. fuses, coloring the flame red; after 
ignition, alkaline. 

Lepidolite, A??iblygonite also give a fluorine reaction. 

Apatite. H.=4.5-5 ; G.=2.9-3.25; often in hexagonal prisms; pale green, bluish, 
yellow, rdh, bnh, pale violet, white; B. B. fuses with difficulty, moistened with 
sulph. acid and heated, flame bluish-green from presence of phosphorus; some¬ 
times reaction for fluorine. 

t. Reaction for iron. 

Garnet. TT.=6.5-7.5; G.=3.15-4.3; isometric, usually in dodecahedrons and 
trapezohedrons, also massive, never fibrous or columnar; rdh, bnh red, black, cin¬ 
namon-red, pale green, to emerald green, white. B. B. dark-colored varieties 
fuse easily, and give iron reaction, but emerald-green var. almost infusible; a white 
to yellow massive garnet is hardly determinable without chemical analysis. 

Vesuvianite (Idocrase). H.=6.5; G.=3.35-3.45 ; dimetric and often in prisms 
of four or eight sides, never fibrous; brown to pale green, ywh, bk; B. B. fuses 
more easily than garnet; reaction for iron. 

Epidote. H.=6-7 ; G.=3.25-3.5 ; in monoclinic cryst. and massive, rarely fibrous; 
unlike amphibole in having but one cleavage direction; ywh green, bnh green, 
black, rdh, yellow, dark gray; B. B. fuses with intumescence. 

Amphibole, dark va»-ieties including hornblende, aetinolite, and other green to 
gray and black kinds, H.=5-6; G.=3-3 4; monoclinic, in short or long prisms, 
often long fibrous, lam liar, and mas.sive, prisms usually four or six sides, I /\ 1 = 
124^^0, cleavage par. to I, B. B. fusion easy to moderately difficult. 

Anthophyllite, like hornblende; bnh gray to bnh green, sometimes lustre metalloi- 
dal; B. B. fuses with great difficulty. 

“Pyroxene, augite, and all green to black varieties. H.=»5-6; G.=3.2-3.5 ; mono- 

8 


DETERMINATION OF MINERALS. 


114 


clinic, in short or oblong prisms, lamellar, columnar, not often long, fibrous or as 
bestiform, prisms usually with four or eight sides, I /\ 1=870 5/; cleavage par. to I; 
B. B. as in hornblende. 

Hypersthene. H.==5-6; G.==3.39; cryst. nearly as in pyroxene, but trimetric, 
usually foliated massive, also fibrous; bnh green, gyh black, pinchbeck-brown; B. 
B. fuses with more or less difficulty. Bronzite is similar and almost infusible. 

lolite. H.=7-7.5 ; G.=2.6.-2.7; blue to blue violet; looks like violet-blue glass; 
B. B. fuses with much difficulty. 

Tourtnaliney much Tiianite, and llvaitey B. B give iron reaction. 

No reaction for iron. 

Scheelite. H.==4.5-5 '■> G.=5.9-6. i; ywh, gnh, rdh, pale yellow ; lustre vitreous— 
adamantine; fuses on the edge with great difficulty. 

Scapolites. H.=5.5-6; G.==2.6-2.74; dimetric, often in square prisms; white, 
gray, gnh gray; B. B. fuses easily with intumescence. 

Zoisite. H.=6-6.5; G.=3.1—3.4; trimetric, oblong prisms and lamellar massive, 
cleavage in only one direction. 

Amphibole, white var. {tremolite'), same as for other amphibole (above), except 
in color; B. B. fuses. 

Pyroxene, white var. same as for other pyroxene (above), except in color, B. B. 
fuses. 

Orthoclase. H.=6-6.5; G.=2.4-2.62; monoclinic, stout cryst., and massive, 
never columnar, two unequal cleavages, the planes at right angles with one an¬ 
other, and cleavage surfaces never finely striated, as seen under a pocket lens or 
microscope; white, gray, flesh-red, bluish, green ; B. B. fuses with some difficulty. 

Albite, Oligoclase. H,=6; G.=2.56-2.72; triclinic, but cryst. as in orthoclase, 
except that the two cleavage planes make an angle of 93)4*^ to 94*^, and one of 
them has the surface striated; white usually, flesh-red, bluish; B. B. fuse with a 
little difficulty ; not acted on by acids. 

Labradorite. H.=6; G.=2.66-2.76; triclinic, like albite in cryst., and nearlv in 
cleavage angle, 93O 20', and in striae of surface; white, flesh-red, bnh red, dark 
gray, gyh brown; B. B. fuses easily; decomposed by IICl with difficulty. 

Anorthite. H.=6-7; G.=2.66-2.78; cryst. and striae as in albite, cleavage angle 
94O 10'; white, gyh, rdh; B. B. fusion difficult; decomposed by HCl with separa¬ 
tion of gelat. silica. 

Microcline. Very near orthoclase in all characters, but triclinic, cleavage angle 
differing only 16' from a right angle, and surface of most perfect cleavage striated, 
but striae exceedingly fine, often difficult to detect with a good pocket lens, and 
requiring the aid of a polariscope; color white, gray, flesh-red, often green. 

Euclase. H.=7.5; G.=3. i; in monoclimc crystals, wdth one perfect diagonal 
cleavage; pale green to w'hite, bnh; transparent; becomes electric by friction. 


GOLD. 

Gold, specific gravity 19.3, is a brilliant, lustrous, heavy metal, of a lordly appearance 
and magnificent yellow—golden yellow—color. There is but one color to gold, and all 
the variations from that color simply prove the presence of alloys and the impurity of 
the gold, or whatever goes by that name. It is a saying among the miners that a 
“great many other things are mistaken for gold, but gold is never mistaken for anything 
else.” It is about as difficult to say certainly wdiere gold comes from as where it goes 
to, as at both ends of its course it is in the smallest possible particles. 

About the bottom fact now knowm alxiut gold is that all original iron pyrites of small 
grain texture contain gold to a greater or less extent. Of course this does not cover 
such secondary large crystal pyrites as tho.se found in the coal measures and elsewhere, 
but only the pyrites in veins or comparatively unaltered pyritous deposits derived from 
veins. It is not yet known w'hether the gold in these pyrites is in chemical combina¬ 
tion with sulphur as a sulphide of gold, or w'hether each minute particle of gold is simply 
covered with a coating of sulphide of iron, or whether the pyrites is a double sulphide 
of iron, or whether the particles of gold are in the metallic state, but alloyed with silver 
or other metal which combines more readily with sulphur than the gold does, and 
consequently forms a coat of sulphide of silver, etc., over the gold. The particles of 
gold are so minute, and the combinations, dissociations and re-combinations follow 


DETERMINATION OF MINERALS. 


I15 

so rapidly during the splitting up of these pyrites, that the finest instruments and tests 
known to chemistry have as yet been unable to settle this part of the question to the 
satisfaction of all concerned. 

Gold is found not only in the sulphide veins, but also in the crystalline or quartz, and 
composite veins, formed during the dislocation and upheaval of rocks. Quartz that 
looks like coarse grained white sugar is a good sign, but clear rock crystal quartz, or 
quartz with a glassy vitreous lustre, with no grains in its texture, never holds gold. The 
granular quartz in veins, badly stained with iron rust, and full of little sharp-cornered 
cells with iron dust in thern, is the best prospect, and when this quartz is in streaks or 
sheets standing on edge, and intercalated between sheets of all sorts of yellow and 
brown minerals, and some sulphides of iron and copper, all filling up a vein which has 
masses of brown spongy iron ore or “gossan” scattered over the surface at its outcrop, 
then the prospect requires immediate attention. The mass of one of these veins may 
yield from ^20 to $^o per ton by the usual rough processes, and yet not a particle of 
gold can be seen in the rock with the naked eye, and a powerful glass reveals but few 
specks. 

These sulphide veins are the original home of the gold so far as we know, and their 
location is nearly*always in the talcose slates of the Huronian formation, although, in 
rare cases, they can be traced upward into the bottoms of the Lower Silurian or what¬ 
ever rock immediately overlies the slates. Many veins show soft, decomposed and 
earthy rock and mineral filling the fissure for some hundreds of feet down from the 
outcrop to the water level of the country, and so far things go on comfortably; but 
when the sulphides are hard and bright and sharp cornered, and the water gets trouble¬ 
some, it is more than time for the mining engineer to come with his de-sulphurizing 
^ furnaces and scientific processes. 

hrequently whole beds of these talcose slates will be found pierced in many direc¬ 
tions by many systems of veins or seams of all sizes, from a mere ribbon set on edge 
up to many feet in thickness; and where many thin veins are found, the whole mass 
ot rock is crushed, instead of attempting to mine out any one vein. This plan 
of crushing the whole mass is also used where the slate beds are filled with small grains 
of quartz and pyrite, or little ceils where the pyrite has been oxidized, this slate being 
simply an old bed ol sand, mud, etc., which has been washed down from some earlier 
rock with a pyrite vein in it. Where such a washed down bed of debris has existed 
long enough to have become compacted into a rock, it is a gold bearing bed of rock; 
but where the washing down process took place in recent times it is a gold bearing 
bed of mud, clay, sand, gravel, or anything else, and it is a wet or dry “diggings,” 
according to its location above or below water level. Whole hills of sand, gravel and 
clay may have gold distributed throughout their entire mass, or the gold may be in a 
“streak” or “lead ” running through the bill at a certain height or on the bed rock. 

Gold occurs in all these secondary deposits, not as in veins, in particles too fine to be 
detected, but as “wash” gold in grains from dust size up to the nuggets of many 
pounds weight. That this wash gold is derived from the vein gold is a fact acknowl¬ 
edged by all; but how the fine particles became agglomerated into nuggets or grains is 
an unsolved question, although thinkers and observers in great number have advanced 
endiess theories about electricity, galvanism, precipitation, cold welding, etc., but so 
far, all the facts are not accounted for. 

Another obscure point in the history of gold is that in the quartz veins, free from 
sulphur, the gold is sometimes found in grains, nuggets, sheets or strings, looking as 
though it had been melted, leading to the conclusion tliat these quartz veins have been 
reduced by heat from very silick)us sulphide veins, or that the quartz has come up from 
below in a melted state, and after passing through sulphides ami driving off the sulphur 
has brought the gold up with it. Something of this kind is indicated by the fact liiat 
auriferous quartz contains no water of crystallization, differing in this respect from tlie 
crystalline varieties with shining surfaces or transpareut bodies. Free gold quartz 
veins, when washed down, yield gravel diggings containing coarser wash gold than 
gravels derived from sulphide veins. 

Gold in the sulphides and clays may be so fine as to be really invisible except under 
a powerful microscope; and small as the particles are, they are nearly always flat and 
just fitted to fioat away with any current of water that will carry off the mud. Tiie 
best plan with fine stuff, it is said, is to let water alone, and pulverize everything to the 
finest possible condition, with mercury in the mill, and no water to get between it and 
the gold, then blow this powdered rock or clay and the amalgam all together through 
a long, horizontal revolving pipe, wdth a bright pool of mercury in the bottom and 


DETERMINATION OF MINERALS. 


116 

rings or dams at short intervals to deflect the current of air and dust, etc., to impinge 
upon the constantly fresh, rolling surface of the mercury, which captures the drifting 
particles of amalgam, while the lighter rock and iron dust float on with the air-current. 
An air-current of two feet per second will not float dust and scale gold that a water- 
current of two inches per second would carry off' with ease, and the air-current thus 
enables us to work with very much more finely pulverized material than the water- 
current. One of the great troubles with all water processes is the great waste of gold 
in the “slimes,” these being simply those portions of the vein-stones that have been 
pulverized too fine for the rough processes inseparable from the use of water, but which 
slimes are just in the most convenient size of grain for the gentle air current to blow 
away, leaving the gold behind in thg mercury pipe. It must be remembered that the 
gold in the sulphides is in the finest possible condition for gold, and the sulphides con¬ 
taining it must be pulverized to at least the fineness of the gold, or all the gold is not 
freed from its imprisonment; and it is further to be remarked, that the gold being soft 
and tough, can be flattened into scales by further trituration, but cannot be broken 
into smaller particles, although the vein-stone can go on being pulverized finer and 
still finer, until it is so much lighter and smaller than the gold as to be floated out by 
an air-current that will not even lift the scales in spite of the fact that the pulverized 
rock is in globules or cubes. Another point is that the more the particles of gold are 
flattened out into scales by dry crushing in contact with mercury, just so much the 
greater (and the brighter) is the gold surface for the mercury to lay hold of it and 
hold it down by adding the v/eight of the mercury to that of the gold while the rock- 
dust blows away. Just the opposite of this is the case with the water process, where 
the more the gold is flattened and brightened the more easily it is floated over the 
surface of the mercury, by reason not only of the water getting between them, but also 
by the film of air which isolates the gold in the ^’ater by floating it and by keeping a 
membrane of water around the air again. It is well to remember also that air can 
always be had even in the most inaccessible mountain ledges, while water is not 
always easily obtained. 

A good test is to pulverize the vein stone and dissolve it in aqua regia (nitric and 
hydrochloric acids), then pour in a solution of copperas (sulphate of iron), which will 
precipitate the gold (if there is any) in a brown powder to the bottom of the glass; 
rub this powder with a knife and it reveals its true gold color. The relative weight of 
the gold thus obtained, when compared with the weight of the original vein-stone, will 
give the rate of yield if it was a fair average sample. 

Mica and the two sulphides of iron and copper are more often mistaken for gold than 
any other substance; but by remembering that mica is in bunches of sheets, that iron 
pyrite is hard and angular and brittle, that copper pyrite is soft and brittle and cuts 
into powder, but that gold is not in bunches of sheets, is not sharp cornered nor brittle 
and hammers out flat, can be cut into threads without crumbling, mistakes will be 
avoided, especially when note is taken of the great weight of gold when compared with 
the substances mentioned. 


SILVER. 

Silver, specific gravity 10.53, is an excessively brilliant pure white metal, of great 
malleability and ductility. It is harder than gold, but softer than copper, and can he 
cut with a knife when pure; but a very little alloy hardens it disproportionately. It is 
found naturally in the metallic state (but never entirely pure), and also in combination 
wuh other substances forming ores. The metallic silver, as found native, generally has 
a slightly darkened and dull looking surface, but reveals its true color when cut or 
scratched. 

Silver Glance, or Sulphide of Silver, gravity 7.0, contains 86 per cent, silver and 14 
of sulphur. It is dark grey to blackish in color, dull externally, but showing a vitreous 
metallic lustre when cut; and can be cut as easily as lead and is slightly malleable— 
gives off sulphur smell when heated. This is the great ore of silver, and can be found 
in nearly all the formations except the coal rocks. It is rarely pure, and never forms 
the entire metallic contents of a vein. Lead veins nearly always contain this ore mixed 
with the galena. Galena, that is small grained, is always argentiferous, but the large 
grained galena rarely has it in paying quantities. The sulphides of sine and antimony, 
and frequently copper, will bear testing for silver glance. The limestones of the Silur¬ 
ians and Devonians are the most likely places to find silver-bearing lead ores; and 
liext after these, the slate rocks of the upper primaries. 


DETERMINATION OF MINERALS. 


117 


Red Silver, gravity 6 to 6.5, when dark red in color, contains 60 per cent, silver, 20 
of antimony, 12 of sulphur, and 8 of oxygen; is almost opaque, has a metallic lustre, 
and is usually found in crystals. When it is clear transparent red color, it is a double 
sulphide of silver and arsenic, and contains 65 per cent, of silver. 

Horn Silver, gravity 5.5, is chloride of silver, contains 75 per cent, silver and 25 
of chlorine. It looks like pearly grey putty or wax, sometimes slightly bluish. The 
exposed portions on the outcrops of veins look like brown or black cement. It is soft, 
easily cut, and can be hammered out slightly. 

Silver Amalgam, gravity 14, is much heavier than pure silver, as it contains 64 per 
cent, mercury to 36 of silver. It has a very bright silver-white color, is very soft, and 
can be cut with a knife. It is really not an ore of either silver or mercury, but simply 
an alloy or mechanical combination of two native metals. It is one of the principal 
sources of silver in South America, but has not yet been extensively found in North 
America. 

All silver ores are to be looked for in any kind of veins in any of the rocks below 
the coal measures. All sulphide veins of copper, antimony, zinc or lead, need testing 
for silver, as they are nearly always found associated. The silver may not be in paying 
quantities, but that can only be asserted positively after testing. All galena that is fine 
grained, and not plainly cubical in texture, may be confidently examined for silver. 

To test mineral for silver, dissolve a piece in nitric acid, pour in strong salt water, 
and if the resulting white powder should turn black on exposure to sunlight, it con¬ 
tains silver. 

IRON. 

Iron, specific gravity 7.78, is a silver-white fibrous and ductile metal, and the most 
valuable to man of all earth’s mineral productions except coal. It is the strongest of 
all metals, as well as the most universally diffused, some one or other of its ores being 
found in all the formations. It is susceptible of very high polish, but its affinity for 
oxygen is so great that it tarnishes very easily, and is never found entirely pure in a 
state of nature. Some nearly pure bits and small masses have been found in many 
ore-veins, but always show traces of having been reduced from the ores by heat or pre¬ 
cipitation from solutions. Masses of nearly pure iron occurring as shooting stars or 
meteors are frequently found where they have fallen, but are preserved from further 
oxidation by a glazed or vitrified surface, caused by the heat from friction with our 
atmosphere during their rapid passage through it. The iron supply of the world is 
entirely drawn from the natural ores of this metal, the few specimens of native rfietallic 
iron being useful only as cabinet specimens. 

Magnetite, or Black Oxide of Iron, Loadstone, Magnetic Ore, etc., gravity 5.1. is a 
proto-se.squi-oxide of iron, in the proportion of 72 per cent, of iron and 28 per cent, of 
oxygen, when the mineral is unmixed with impurities. It is black in color; has 
metallic lustre; its powder is black and it occurs crystalline and granular, sometimes 
earthy and compact, but crumbles easily into coarse black sand, and is attracted by the 
magnet. It is found principally in veins and beds throughout the primary rocks, and 
sometimes in the sandstones, etc., lying immediately upon the primaries. 

Gray Oxide, gravity 5.0, is the sesqui-oxide, and contains 70 per cent iron to 30 of 
oxygen. This ore is the specular hematite, is of steel-gray color, of high metallic 
lustre, and its powder is red. It is brittle and crystalline, and frequently slaty in 
structure, and is found principally in beds in the primary rocks, or those immediately 
overlying them, and the black oxide is nearly always in company with it, being of 
similar early origin. 

Red Oxide, gravity 5.0, is also the sesqui-oxide, and contains 70 per cent, of iron to 
30 of oxygen, when pure. This ore is properly called hematite, (meaning blood-red 
ore,) inasmuch as it is red both in mass and in powder. It is of secondary origin, be¬ 
ing derived from the foregoing oxide by being powdered, washed off, and re-deposited 
in secondary beds which retain the red color of the powder from which they were 
built. This ore is sometimes deposited as regular beds or strata of rock, and for long 
distances—frequently hundreds of miles—it holds its position as a member of a for¬ 
mation. 

Brown Oxide, gravity 4.0, contains 60 per cent, iron, 26 oxygen and 14 of water. 
Its proper name is limonite, and it is frequently called brown hematite, apparently be¬ 
cause it is not blood colored either in mass or in powder. It is a hydrated sesqui-oxide 
of iron, and appears to be derived from the foregoing oxides by being carried oft and 


DETERMINATION OF MINERALS. 


Il8 

re-deposited from a solution, whereby it enclosed its water of hydration, while the red 
oxioe was simply carried otf in suspension as powder. The brown oxide is brown, 
yellow, or purpli.sh brown or black, but its powder is always yellow. It is generally 
compact and frequently massive, and like the dry oxides it often forms great clift forma¬ 
tions in the structure of hills and mountains. This ore is rarely gritty, but sometimes 
granular; and a very pure and valuable variety looks just like a black iron sponge, 
having a vitreous lustre when broken. Sometimes it occurs in hollow balls, with the 
interior surface covered with black velvety crystals; and when these balls are fibrous 
in texture, the fibres radiating from the centre to the circumference, it is called needle 
ore. Sometimes it is in masses in wet lands, either as concretions, or as masses of 
hard brown earth, Iposely packed, when it is bog ore. It puts on more different ap¬ 
pearances than any other ore, and owing to its deposit from solution it has been carried 
everywhere that water can reach, and may be looked for in all the formations. In one 
shape or another it is the most valuable of American iron ores. 

Carbonate of Iron, gravity 3.5 to 4.0, sometimes called Siderite, Chalybite, Sparry 
or Spathic Iron, accoruing to circumstances, is of many varieties, but the definite min¬ 
eral contains 42 per cent, of iron, 20 oxygen and 38 of carbonic acid and other impuri¬ 
ties. It IS never found naturally pure, but always mixed with sand, lime, clay, &c.,and 
is a clay iron stone, properly speaking, in America. It occurs in the secondary and 
later formations, and is most abundant in the coal measures, but the nodular ores of 
the tertiary clays, such as those from which the best Baltimore Iron is made, are car¬ 
bonates. It may be of any color or shape from white, gray or yellowish masses to 
brownish, purple nodules, looking like fragments of exploded shells, or from flattened 
balls to the full black band ores of the coal measures of Western Kentucky or of Eng¬ 
land. It is also found in beds intercalated between other rocks, somettmes in a con¬ 
tinuous massive formation looking like gray or yellowish limestone, but more frequently 
the ledge is a mass of flattened balls or kidneys of large size, mixed with smaller balls 
and grains of the same ore, with a lime cement, and the outcrop of such beds or ledges 
is generally weathered into brown, spongy-lookirig masses of limonite. It is not one of 
the most valuable of American ores, where we have so much more of the richer oxides, 
but the “ Black Band ” and the “ Clay Band ” carbonates of England have heretofore 
produced more than half the iron supply of the world. In America we use the car¬ 
bonates chiefly for mixing and tempering the richer oxides. 

Pyrite .—Iron Pyrites or Fool’s Gold, gravity 5.0, is a bisulphide of iron, and con¬ 
tains 54 per cent, of sulphur to 46 per cent, of iron. The rule among iron-masters is 
to call anything an iron ore which contains 20 per cent.'of iron, but nobody has yet 
made iron out of Pyrite, because no economical process of eliminating all the sulphur 
has yet been discovered, and the merest trace of sulphur in iron renders it wortliless 
for most purposes. The manufacturing chemists, however, make great quantities of 
sulphur and sulphuric acid, alum and sulphate of iron or copperas out of it, and when 
heavy veins of this mineral are well located for work and transportation they are worth 
looking after. The mineral itself is either whitish yellow or brass colored, is generally 
a mass of cubic crystalline blocks of ail sizes, and each block breaks up into smaller 
cubes. These are very hard, wdil scratch a knife-blade or strike fire with steel like 
flint; are very brittle, and will give ofiF stifling fumes of sulphuric acid when burned in 
a candle flame. Pyrite occurs in scattered crystals or masses throughout the coal meas¬ 
ures, and sometimes in the coal itself, in which case its presence diminishes the value 
of tile coal, as iron cannot be worked with it. The principal deposits of Pyrite, how¬ 
ever, are in veins in the primary rocks, and frequently such veins extend upwards into 
whatever rocks immediately overlie the primaries. These veins are nearly alw'ays in 
dicated on the surface by spongy masses of brown oxide of iron, as in the case of the 
carbonates, the outcrop of the vein giving up its sulphur and becoming oxidized by ex¬ 
posure to the weather. Another variety of these Pyritous veins contains arsenic, and 
the mineral is then called Mispickel. It is of gravity 6.0, contains 34 per cent, iron, 
20 of sulphur and 46 of arsenic; has a silver-white color, high metallic lustre, is very 
hard, and smells of garlic when heated. It is a good ore of arsenic, but not for iron. 
The iron pyrite veins when in the primary rocks, and of very small grained texture, 
can be looked into for gold with confidence. 

Iron Paint, or Ochre, is simply oxide of iron, either naturally or artificially triturated 
to an impalpable powder, either pure or mixed with clay or other material. Tne 
Limomte oxides give yellow paint, and the Hematic gives red, while the Magnetic 
gives biack paint. Iron does not become red until it is combined into the sesqui oxide, 
containing 30 per cent, of oxygen and 70 of iron, although some over-zealous paint 
makers guarantee a red paint containing 90 per cent, of metallic iron. 


DETERMINATION OF MINERALS. 


II9 


COPPER. 

Copper, specific gravity 8.9, is of fine red color, very soft and ductile, takes a high 
polish, hut quickly tarnishes again by coating with oxide and carbonate of copper. Its. 
tenacity is nearly as great as that of iron, but its elasticity is very low. It is found 
native in grains and masses in nearly all veins carrying copper ores. 

Such mines as the Calumet and Hecla, near Lake Superior, where they stamp and 
wash 800 tons per diem of rock containing 5 per cent, of its w'eight in shot copper or 
copper dust, are the paying mines. In the early days of copper mining on Lake Su¬ 
perior, a good yield of copper was obtained by small gangs of men washing out the 
sands and gravels from tne stream,bottoms below veins, as is done, in gold districts; but 
the business was very small, and soon abandoned for regular mining. 

A peculiarity of this Lake Superior copper is that much of it contains silver, not as 
an alloy regularly combined, but simply disseminated through the mass, in globules, 
from the size of a pin-head to that of a walnut. These great copper veins are all pow¬ 
erful disturbers of the magnetic needle. 

Cuprite, or Red Oxide of Copper, gravity 5.9, contains 88 per cent of copper and 12 
of oxygen. It is of a deep blood red color, semi-metallic lustre, and is generally in 
crystals, either cubic or octagonal. It is found in nearly all copper veins, being a pro¬ 
duct of the oxydation of some other ore, or of metallic copper itself, but it is never the 
principal ore of a vein. 

Melaconite, or Black Oxide of Copper, gravity 5.5, contains 72 per cent copper and 
28 of oxygen, is black, dark blue or brown color and velvety in appearance. Is found 
with cuprite in all copper veins, as a result of the oxydation of other ores, and some¬ 
times, as at Ducktown in Tennessee, it is one of the most valuable zones of the mines. 

Chalcopyrite, or yellow Sulphide of Copper, or Copper Pyrites, gravity 4.2, contains 
properly 35 per cent, of copper, 30 of iron and 35 of sulphur, but the proportions are 
liable to ail sorts of variations. It has a yellow brassy color and bright metallic lustre, 
but tarnishes easily. It is quite soft, and can be shaved into powder with a knife. A 
bright yellow and soft ore is apt to be rich, while a whitish yellow, dull colored and 
hard ore is poor, ow mg to the greater quantity of iron present. This chalcopyrite is 
always accompanied by pyrite, and in general the top of the vein is a brown spongy 
iron ore for a certain distance, then pyrite, with a little chalcopyrite, and this latter 
increases downwards until at a couple or three hundred feet the veinstone carries chal¬ 
copyrite almost entirely, after which it is valuable. 

Chalcocite, or Grey Sulphide of Copper, gravity 5.0, contains variably 25 to 65 per 
cent, of copper, 20 to 30 of sulphur, and a remainder made up of iron, zinc, antimony, 
arsenic and other nuisances, but it is, nevertheless, a very easy ore to work. It is steel- 
gray in color, dull surface and rather soft and brittle, and melts easily in the fiame of a 
Caiidie. Occurs in veins with pyrite and chalcopyrite, either massive and crystalline 
or granular. It is proper to .say that the bi-sulphide of copper, which forms the basis 
01 botn chalcocite and chalcopyrite, and whicii does not occur as a natural product 
pure, contains 78 per cent, of copper to 22 of sulphur, and looks very much like me¬ 
tallic iron, and that the more closely chalcocite approaches bi-sulphide in composition, 
the richer it is. 

Silicate of Copper, gravity 2.1, is a compound of oxide of copper, with silica and 
other impurities, and contains 30 to 35 per cent, of copper. It is bluish-green in color, 
resinous or dull glassy lustre and texture, and its fracture is like that of glass, but it is 
soft and easily cut with a knife, turns black when heated. This is generally rather a 
fancy material, but is sometimes found in the Southern and Pacific coast mines in large 
masses accumulated by increistations at and near the outcrops of the veins of other 
copper ores, but never constitutes a vein by itself, being simply a product of secondary 
action on the sulphides. It is a valuable ore, and profitable according to its quantity. 

Malachite, or Green Carbonate of Copper, gravity 4.0, contains 56 per cent, copper, 
14 of oxygen, 22 carbonic acid and 8 of water. It resembles green marble with 
banded or wavy structure, is found as a precipitation in veins of other copper ores, and 
wnen in plates of any size is valuable for mantels, table tops, vases, and for ail sorts ol 
ornamental work. It is also used in jewelry, and when in large and well-shaped 
pieces, and of beautiful color and texture, it commands a very high price, although as 
a source of copper it is of no importance. 

\ Azurite, or Blue Carbonate of Copper, gravity 3.8, is of substantially the same com¬ 
position as malaciiite, but is of a beautiful blue color, and occurs in nodules and con¬ 
cretions. It is used only as an ornamental material, and can be distinguished from the 


I 20 


DETERMINATION OF MINERALS. 


blue silicate by its clearer and more gem-like appearance, and by the fact that it effer¬ 
vesces with acid, which the silicate does not. 

In general: it may be said of copper ores that they are distinguished by liveliness 
of colors; that they are soft; that they impart their colj^rs to other substrnces by rub¬ 
bing; that they nearly all turn bright green on long exposure; and that they occur 
only in veins in the primary rocks or rocks immediately overlying them, or in igneous 
rocks. In Colorado the veins are in granitic rocks, and are much given to producing 
malachite and cuprite ores, as well as the sulphides. 


PLATINUM. 

Platinum is a bright white metal, very like silver in appearance. Its specific gravity 
is 21.15, when pure, being the heaviest known metal. It is both malleable and duc¬ 
tile ; welds like iron at a red heat, but cannot be melted by any heat less intense than 
that of the compound blow pipe. It does not oxidize or tarnish, and is not attacked by 
any single acid. It is never found as an ore, nor yet pure, but always in the metallic form 
alloyed with other metals, and one of the most tedious processes in chemistry is that for 
purifying platinum. It is nearly always alloyed with the metals Osmium, Rhodium, 
Iridium and Palladium, one or two of which are thought to be as heavy, if not heav¬ 
ier, than the Platinum, but the quantities for testing this are so minute as to make 
accuracy difficult. Platinum is found alobg with gold in the sands of the streams of 
the primaries. It is in flattened grains and small masses, the native alloy having a grav¬ 
ity of 17 to 19, and having generally angular corners and occasionally black dots on 
the dull white surface of the grains. It is found with gold in Russia, Australia, South 
America, and in the United States, but only sparingly in this latter country. 

MERCURY. 

Mercury or Quicksilver, specific gravity 14.4, is a brilliant silvery white metal liquid 
at ordinary temperature, but freezes sqjid at 40 degrees below zero—P'ahrenheit—and 
when thus frozen can be hammered out into plates or drawn into wire, and can be 
welded like iron. It occurs naturally in the metallic state in globules, disseminated 
through the rocks, as the result of natural reduction from its principal ore, the sulphide 
of mercury or cinnabar. 

Cinnabar, gravity 9.0 to lo.o, contains 80 to 90 per cent, of mercury, and 10 to 20 
of sulphur, is a vermillion red granular ore, sometimes in compact masses, and again 
like loose red earth with a yellowish tinge. It will evaporate entirely if thrown on a 
red hot shovel. This ore is the only ore of mercury worth looking for, and all the 
mercury we know of is in the rocks above the lower primaries, owing to its extreme 
volatility. It is rarely found actually in veins, but is apt to be disseminated through the 
neighboring rocks, no matter what rocks they may be. In California much mercury is 
obtained from tertiary rocks which have been impregnated with mercurial vapors during 
the heating up of things, while neighboring dykes of serpentine or veins of other metal¬ 
lic sulphides were being filled. * There are other places where serpentine masses have 
themselves been impregnated with mercury during the outflow of later dykes or veins. 
Whole beds of Silurian slates are sometimes impregnated with metallic mercurjf and 
cinnabar, and it has been found in the coal measures in bituminous shales, but always 
near some dyke or outflow of igneous or eruptic rocks. Minute seams or large pockets 
of cinnabar occur irregularly throughout the rock as well as the smallest grains, and 
frequently these pockets are lenticular in shape and are really portions of veins. The 
recently discovered Sulphur Banks in California (which have knocked down the price 
•f quicksilver 20 per cent.) constitute some hundreds of acres of a hill on Clear Lake, 
and the whole hill is a mass of volcanic rock, impregnated with from i to 5 per cent, 
of its mass of cinnabar. They quarry the rock out in blocks, to be afterwards crushed, 
and possibly concentrated, before going to the furnaces. 

NICKEL. 

Nickel, specific gravity 8.82, is a brilliant silver-white metal, very malleable and 
ductile and does not oxidize at ordinary temperatures, being therefore very valuable It.? 
cheap coins, and cheap spoons and other ware. It occurs in the metallic form naturally 


DETERMINATION OF MINERALS. I2i 

only with metallic iron in meteors, and for all practical purposes it is extracted from its 
ores. 

Copper Nickel, gravity 7.0 to 7.5, contains 45 per cent, of nickel to 50 per cent, of 
arsenic, and 5 of iron, lead, sulphur, etc., but no copper, its name coming from its 
copper-like appearance. It is hard and brittle, and generally fine grained, and of high 
metallic lustre. Its powder is almost black, and the fresh surface of the ore soon tar¬ 
nishes, first to grey, which deepens with time to black. 

k^ulphide of Nickel, gravity 6.5, contains 65 per cent, of nickel to 35 of sulphur, is 
a mass of greyish to yellow flexible threads, having a metallic lustre. This material, is 
very rarely found pure, but is nearly always mixed with antimony or with iron pyrites, 
as follows: 

Nickel Glance, gravity 6.5, is sulphide of nickel and antimony, and contains 28 per 
cent, of nickel, 17 of sulphur and 55 of antimony. It is steel grey in color, metallic 
lustre, very brittle, and occurs in masses with a granular texture, the grains being almost 
cubic. 

Alagnetic Pyrites, gravity 4 5 to 5.0, is a compound of the sulphides of nickel and 
iron, ana contains generally about 20 to 25 per cent, of nickel. It is massive, very 
brittle, metallic lustre, and dark brass or orange colored. It is slightly magnetic, and 
although not so rich in nickel as the other ores, it is the source of nearly all the nickel 
supply by reason of its greater abundance. 

All Nickel ores are found in veins in the primary or lower secondary formations, and 
the ores are rarely found except in association with cobalt ores mixed with the ores of 
copper, lead and other minerals, as spoken of under thb head of cobalt. 

COBALT. 

Cobalt, specific gravity 8.5, is a lustrous, reddish grey metal, of granular texture, and 
very brittle. Its texture can vary from granular to fibrous or laminated, according to 
the degree of heat used in its reduction from the ores. Metallic Cobalt is never found 
native, and its reduction from its ores is exceedingly difficult, as it is so much like nickel 
in all its properties, and the two are always associated. Metallic Cobalt is not useful 
except as specimens in cabinets, etc., but its combinations with oxygen and other ele¬ 
ments give us Smalt, and Azure, and Ultramarine, and all the beautiful blue coloring 
matter for glass. 

Arsenical Cobait, gravity 7.3, is a silvery white mineral, containing 30 per cent. Cobalt, 
60 of arsenic, and 10 of iron, copper, sulphur, and other impurities. The silver white 
color is only on fresh fractures, the external surfaces tarnishing to reddish grey. Texture 
compact to granular. It is brittle, but can be cut with a knife, and its lustre is me¬ 
tallic. 

Cobalt Glance, gravity 6.5, sometimes called Smaltine, contains 35 per cent. Cobalt, 
50 of arsenic, 20 of sulphur, and 5 of iron and other impurities. Its color is tm white, 
with a light red tinge, shining metallic lustre, and is in well defined rather cubic crystals, 
slightly lamellar in structure. It is not brittle, cuts with difficulty, and both this and 
Arsenical Cobalt give off an odor of garlic if held in the flame of a candle. 

Cobalt Pyrites, Sulphide of Cobalt, gravity 6.3, contains 43 per cent, of Cobalt, 14 
of copper, 40 of sulphur, and 3 of iron, etc. Its color is steel gray, inclining to yellow. 
It is found in grains or granular masses, the grains being cubic in shape. 

Oxide of Cobalt, gravity variable as found naturally, looks just like black earthy 
oxide of manganese or wad, and is nearly always mixed with it, so that the character 
and value of the mixture depend entirely on it constitution. 

The Cobalt ores are always found with nickel ores, in the veins and deposits in the 
primary and low'er secondary formations, and frequently mixed wdth copper or lead 
ores, as in Missouri, where in some mines the lead and copper are powdered over with 
bluish semi-oxiaized arsenical and sulphide ores of Cobalt and nickel, and some seams 
of the clay slates are spangled with dots of these ores. 

TIN. 

Tin, specific gravity 7.29, is a silvery w'hite metal of high metallic lustre. It is 
very malleable and soft, but owing to its crystalline texture, it is not ductile, and has 
almost no tensil coherence, and has, therefore, to be used in alloys or as a coating to 
other metals. It oxidizes with great difficulty at ordinary temperatures, and is, there- 


122 


DETERMINATION OF MINERALS. 


fore, very useful as a surface coat for other metals such as iron and copper. It is said 
to have been found pure in Russia and elsewhere in Europe, but only in small grains, 
and is derived entirely from tin ores for coininerciai use. 

Tin Slone, or Binoxide of Tin, gravity 7.0, contains 78 per cent, of tin and 22 of 
oxygen. It is a peroxide, i. e., it cannot be further oxidized, and is also called cassite- 
rite. It can be grey, yellow, red or black in color, is of a brilliant lustre, and hard 
enough to strike tire on steel. It is found in veins in the granites and slates of the 
primaries, and is also found as grains in the beds of streams, and is then called strea 7 n- 
tih. It is the principal ore of tin, and produces perhaps 95 per cent, of all the tin the 
world uses. The principal tin-producing countries are Cornwall m Britain and Tas¬ 
mania and other Australian provinces. 

Tm Pyrites, or Sulphide of Tin, gravity 4.4, contains generally 26 per cent, of tin, 
30 of copper, 12 of iron and 32 of suiphur, and as it is a copper pyrite or iron pyrite as 
well as a tin pyrite, the miners compromi.se by calling it bell metal ore.” At all events 
there is very little of it, it occurs in veins in the primary rock, and is as often worked for 
copperas for tin when it is found. Its crystalline form is cubic and very similar to 
iron pyrite, and it leaves a black streak on a hard white surface. 

ANTIMONY. 

A 7 tiini 07 iy, specific gravity 6.7, is a silver-white metal of brilliant lustre and crystal¬ 
line texture. It is very brittle, and can be pulverized with a hammer. It is not sensi¬ 
bly affected by exposure to air at ordinary temperature, but tarnishes slowly, although it 
does not rust. It is only useful as an alloy, being too,brittle to be used alone. It is 
found m the metallic state as an alloy with a great many other metals, but its principal 
useful occurrence is in combination with sulphur. 

Sulphide of Antwiony, gravity 4.5, contains 72 per cent, of antimony and 28 of sul¬ 
phur. It is a leaden grey in color and of metallic lustre, unless tarnished by oxidation. 
It is both massive and fibrous, like bunches of needles, and can be granular. Its 
powder is grey, and turns black and iridescent on being heated, and will melt in a 
candle flame, giving off fumes of sulphur. It is found in the veins of the primaries 
and secondaries, intermixed wdth the lead and zinc ores, and with the carbonate of iron 
ores and sulphate of barytes, quartz and other minerals. There are oxides of antimony 
as well as other antimonial minerals, but they are of secondary origin and very rare oc¬ 
currence, and therefore of no commercial value. '' 

ZINC. 

Zhic, specific gravity 6.8, is a brittle bluish white metal, very lustrous and of a 
crystalline foliaceous texture on freshly-broken surface. It is never found pure in na¬ 
ture, but is extracted from its ores. 

Stilphide of Zinc, Black Jack, or Zinc Blende, specific gravity 4.0, contains 66 per 
cent, of zinc to 34 of sulphur and impurities. It is of yellowdsh brown color gener. 4 l^ 
but can grade clown to black and bluish black. It looks like masses of agglutinatea 
crystals of brown honey or clear resin. It occurs in all the formations between the 
Iluronian and the carbonifereous, and in some of the gold and silver nunes it is a very 
abundant gangue rock and choice nuisance, silver ores mixed with “ black jack ” being 
the most difficult to treat. The zinc which is only worth six to ten cents per pound 
insists on being attended to first and acts generally as though it thought that the gold 
and silver were mere incidentals. Where Mother Nature has had time, how'ever, she 
teaches this “ black jack ” to be useful by de-sulphurizing it herself, and thereby form¬ 
ing the carbonate and silicate of zinc. 

Silicate of Zinc or Calamine, gravity 3.4, contains oxide of zinc, 71 per cent., 25 of 
silica and 4 of iron and lead ; the oxide of zinc producing from 50 to 60 per cent, of 
metallic zinc when measured on the weight of the original mineral calamine. Miners 
call this ore and the carbonates of zinc and lead all “ Dry Bone,” because someiimes 
they look somew'hat cellular, like old bone, although calamine most frequently is glassy, 
lustrous and transparent, and is generally colorless, but occasionally greyish to yellow'ish. 
This is one of the principal ores of zinc, is a secondary product from zinc blende, anti 
is found most plentifully in the limestones of the Silurians. It can occur in veins or in 
washed deposits from broken-down veins, the debris of which has been incorporated as 
part of subsequent formations. 


DETERMINATION OF MINERALS. 


123 


Carbonate of Zinc, or Smithsonite, gravity 4.4, is very similar to silicate, and is even 
yet called calamine by some engineers. It is softer than calamine and heavier, and 
will effervesce with acids. It contains 65 per cent, of oxide of zinc and 35 per cent, 
of carbonic acid and impurities; the oxicie of zinc panning out about 30 per cent, of 
zinc, measured on the original weight of carbonate of zinc. This ore and the silicate 
produce nearly all the zinc used in America. They are always found together, and 
always where their descent from blackjack can be traced with time and opportunity to 
devote to the problem. 

Oxide of Zinc, gravity 5.5, contains 75 per cent, of zinc and 25 Of oxygen and 
impurities. It is red or redoish yellow, brilliant lustre, and is translucent. Occurs 
either in grains or in foliated masses like mica, but the leaves are brittle. This ore 
accompanies black jack in the veins of the primary rocks as well as in the Silurians. 
It is the richest of all the zinc ores, and perhaps the most easily worked in the furnace, 
but it is not an abundant ore, and, therefore, not important as compared with the 
silicates or cabonates, although it is much used for making paint. 

LEAD. 

Lead, specific gravity 11.445, is ^ bluish-grey metal, of high metallic lustre 
when freshly cut, but tarnishes almost immediately; leaves a black mark when rubbed 
on paper; very ductile. It is rarely or never found pure in nature, but is extracted 
from Its ores. 

Galena, or Sulphide of Lead, gravity 7.7, contains 86 per cent. Lead to 14 of sul¬ 
phur; is of leaden-grey color, high metallic lustre, and nearly alw'ays is a mass of cubic 
crystals, which are very brittle and easily pow'dered into blacjc dust. It melts and 
gives off sulphurous fumes when heated. It nearly alway contains more or less silver, 
which frequently is enough to pay for extraction ; in fact, many of the great silver 
mines of the world are simply Galena veins, which are worked primarily for the silver, 
and the lead .saved, after reducing the silver, is then .sold as a secondary product. 
Galena is the mother source of all lead, the other© res being the result of reaction on 
the sulphide by other agents. It occurs primarily in veins, but also in beds and 
pockets, these being vein materials w’ashed down or dissolved and redeposited. The 
veins are most frequent in the primary rocks, but they are found all the way up among 
the formations to the base of the carlx)niferou.s, where the veins are larger than in the 
primaries, but not so frequent. A feature of Galena veins is that in limestone they are 
largest, and diminish dowm through sandstones, and are smallest in the slates of the 
primaries. The Silurian and Devonian limestones, lying immediately on or separated 
from the slates by very thin members of the same groups, as in the Mississippi Valley, 
appear to be the best places to look for Galena veins and deposits, while the great 
silver-bearing lead deposits of Utah and other western localities appear to have very 
little system in their modes or locations of occurrence. 

Cerussite, or Carbonate of Lead, gravity 6.5, contains 77 per cent, of lead, when 
pure mineral, but except as cabinet specimens it is never found pure; 60 to 65 per 
cent of lead is its practical yield, the balance being oxygen, carbonic acid, silica, iron, 
zinc, and other impurities. The pure mineral is in translucent grayish-white crystals, 
but the ore of lead is known as “dry bone,” on account of its appearance. It is gen¬ 
erally a little [.Kirous, of white or yellow or reddish-yellow color, and looks much more 
like ina.sses and cakes of clay than anything else, and, unless its weight reveals its na¬ 
ture, it is apt to be thrown aside. It is found with galena, and is frequently the outside 
of a mass of which the inside is galena not yet entirely changed to Cerussite, and in 
such cases the mass looks like compact ashes. It does not form veins or great deposits 
by itself, but its presence is a good indication that galena is near, and there is some¬ 
times enough Cerussite with the galena to pay for extraction. 

Pyroniorphite. or Phosphate of Lead, gravity 6.8, contains 55 per cent, of Lead, and 
is a green or yellow earthy-looking indeterminate crystal or mass of cry.stals, covering 
cerusbiie or galena as an incrustation. It is a secondary product, and is chiefly valu¬ 
able as an indication that galena is to be found below, the pyromorphite generally show¬ 
ing at the outcrop of veins or deposits. 

There are Oxides of Lead made artificially for painting purposes, and a Sulphate of 
Lead which effloresces over galena deposits, and there are other minor occurrences of 
the compounds of this mineral; but they are all .secondary products of galena, and ex¬ 
cept those named, they are not even reliable indications of the proximity of lead, and 
are nearly indistinguishable from ordinary clays and earths. 


124 


DETERMINATION OF MINERALS. 


CHROME. 

Chrome, specific gravity 6,0, is a grayish white metal of radiated and crystalline texture, 
very hard and brittle. It is never found native, and can only be reduced from its ores 
with great difficulty, and is, therefore, rarely used in the metallic state, but mostly in 
combination with oxygen, making chromic acid, which combines with potash and other 
bases to make coloring matters. 

Oxide of Chrome is chrome with one part of oxygen, and in this form it is translucent 
and crystalline, of green to yellow color, and the crystals can be large or so small as to 
be merely dust. This mineral combined with oxide of iron makes the chromic iron 
ore from which all the chromic salts used are produced. Sometimes in this ore the two 
oxides are simply mixed, and sometimes the Oxide of Chrome takes up the oxygen out 
of the iron and becomes chromic acid, when it attacks the iron and forms chromate of 
iron, which is the most usual form of Chrome ore. This ore again is mixed with alu¬ 
mina and magnesia, and occasionally silica, in which last case it is valueless, the silicious 
ores not yet having been economically reduced. The general appearance of chromic 
iron ore is that of agglomerated masses of crystals, apparently stuck together with white 
or yellow paste. The crystals are usually about as large as No. i shot, and of black or 
greenish black color, with a gravity of 4.5 to 5.0. The masses of crystals are very hard, 
but very brittle, and the amount of Oxide of Chrome obtainable is from 40 to 60 per 
cent. It is nearly always found with serpentine, and never outside the limits of mag¬ 
nesian rocks. The principal sources of supply are the Serpentines of the Atlantic States 
and similar formations in California. 

MANGANESE. 

Manganese, specific gravity 8.0, is a grayish white metal of very mild lustre, fine 
granular texture, rather soft and very brittle, and oxidizes very rapidly. It is very 
difficult to obtain pure, and unless produced by a careful and complicated chemical 
process it contains carbon, and then resembles cast-iron both in appearance and quality, 
varying principally in being more brittle and so hard as to strike fire and scratch the best 
steel. It enters into alloys with pretty much all the other metals, and makes them 
harder and whiter as well as more brittle. It is never found in the metallic state in 
nature. 

Pyrolusite or Peroxide of Manganese, gravity 4.8, is a black to a blackish brown 
shining mass, sometimes velvety or fibrous in appearance, and contains 63 per cent, of 
Manganese to 37 of oxygen. It is found in veins in the primaries and lower seconda¬ 
ries, and nearly always more or less mixed with oxide of iron, making a compound ore 
which when combined in proper proportions, smelts into “ Ferro Manganese,” a very 
useful substance for “ physicking ” Bessemer and other steel. “ Spiegeleisen ” is one of 
is one of the varieties of Ferro Manganese, these special compounds being smelted from 
ores either naturally or artificialy mixed. This ore of Manganese is used extensively 
as a producer or yielder of oxygen for all sorts of laboratory uses and for bleaching pur¬ 
poses. When this ore takes up water and becomes hydrated it is called Psilomelane, 
so long as it remains in the veins with the Pyrolusite, where it is found often in streaks 
through the last named. 

Wad is simply Psilomelane, that has been washed out of one place and deposited 
elsewhere, mixed with other oxides and impurities generally, and its gravity depends on 
the amount of impurities; but in general it is very light, and found in loo'ie, black, 
earthy masses. Wad is to the pure peroxide or pyrolusite what bog iron ore is to the 
purer oxides of iron. 

Sparry Manganese, gravity 3.6, contains 53 per cent, of oxide of manganese, 40 per 
cent, of silica and 7 per cent, of iron, lime, magnesia and water. It occurs with the 
other manganese ores and usually in crystalline masses, flesh red in color, but can be 
brown to yellow and even green, and is semi-transparent generally, but sometimes 
opaque, and is nearly always black on long-exposed surfaces. 

Although this country contains very many enormous deposits of the best peroxides 

of manganese, nearly all of this mineral used in the world is produced in Europe. 

* 

GEMS. 

Diamond, specific gravity 3.5, is pure carbon. It is the hardest substance known, 
and also the most valuable in man’s estimation, on account of its great rarity and sue- 


DETERMINATION OF MINERALS. 


125 

passing beauty. Diamonds are of many colors, but the most valuable are coioriess, per¬ 
fectly transparent and limpid, and of adamantine lustre. From this they gracuate in 
colors to white, yellow, red, blue, green, brown and black, their value being as variable 
as tlieir color. The black diamonds are now becoming very valuable as cutters in 
drilling tools, and as diamond dust in the cutting of precious and tabular stones. 
Diamonds are found in gravel and sand beds, principally among the gold washings, al¬ 
though they may be just as plentiful (or rather scarce) in other sands and gravels as 
those of the gold regions, and still not be so frequently discovered, because these other 
sands are not so frequently examined, and the diamonds resemble ordinary pebbles so 
much that whole fortunes may be cast aside unconsciously. In washing gravels for 
diamonds, the operation should not be a rough, rapid one, as the mechanical portion of 
the operation consists in washing off the silicious pebbles with a gravity of 2.5, from 
the diamonds with a gravity of 3.5, so that there is not much difference in weight 
under water to operate on. The crystal of the diamond is octohedral. and looks like 
a couple of flattened “ four-square ” pyramids stuck together—base to base. The 
faces or planes of the crystals are not concave or hollow, but very slightly convex or 
full, and the edges or corners are remarkable for being not sharp, but slightly rounded, 
although they will cut glass or rock crystal easily enough. The diamond has a pe¬ 
culiarly cold “ feel ” to it, and in the rough state very often looks like a lump of gum 
arable. Do not try to test a stone for diamond by striking it, as diamond will smash 
nearly as readily as other crystals, notwithstanding the contrary opinion of many people 
who do not know the difference between hardness and toughness. A diamond will 
stand great pressure, however, and will allow itself to be slowly pressed into the .‘^ide 
of the blade of a knife, or it will smooth down the teeth of a file in short order. 
The value of diamonds is entirely a matter of size, clearness, freedom from flaws, and 
color. The value increases with the size in a most astounding ratio, but, big or little, 
pure or impure, colorless or bla'ck, they are always more or less valuable. In addition 
to the sands and gravels as places to look for diamonds, they are also found in South 
Africa in what appear to be cavities (having superficial areas of several acres, and 
depths of several hundred feet) in ledges of shale rock of undetermined geological 
age, these cavities being filled with grayish clayey soil which is dug out and weathered 
until it breaks up fine, and is then washed in pans and sluices, the diamonds being left 
behind, as with gold washing. 

yet, specific gravity 1.25, is simply asphalt, and is found in the lignite beds of the 
tertiary formation. It is “jet” black, perfectly opaque, texture compact and homo¬ 
geneous generally, although it sometimes shows a woody fibre; it occurs in irregular 
masses of a few ounces to a few pounds weight, and these masses sometimes have the 
shape of knotty branches of trees. Its lustre is shining and brilliant, its fracture con- 
choidal,‘and it is as clean as anthracite, and hard. It is used for all sorts of “ mourn¬ 
ing ” jewelry and trinkets, and has many imitations. It is to be looked for in the lig- 
nitic coal beds everywhere. 

Amber is also an asphaltic mineral, but is generally of a wine yellow color, transpar¬ 
ent and beautifully lustrous, although inferior varieties may be somewhat dull and 
cloudy, and even brown or black in color. Amber is found in the lignite beds in the 
same jx'sr'don as jet, but the pieces are generally much smaller bar rf jet, 

and it is much scarcer and more valuable. About the only mining that is done exclu¬ 
sively for amber is near the sea-shore in Germany, where, at a depth of many feet be¬ 
low sea level, there is found a lignitic bed containing many pieces of amber, and very 
extensive and costly operations are now carried on to obtain it. The choice pieces con¬ 
tain insects which were embedded in the amber when it was exposed and liquid, and 
have been preserved ever since. Ambdr has many imitations, principally gums or 
resins such as gum copal. 

Sapphire, specific gravity 4.0, when absolutely pure, is simply pure alumina, but it 
generally contains traces of lime and iron. Although blue is the true sapphire color, 
yet the red is the most valuable. The red sapphire is called the oriental Ruby; the 
yellow, the oriental Topaz; the green, the oriental Emerald ; and when it is violet 
colored, it is the oriental Amethyst. The sapphires rank next (o the diamonds in va^ue, 
and the rubv or red sapphire, when especially perfect, is fully equal to diamond. Sap¬ 
phires are rather longish hexagonal prisms, just about the shape of one of the cells 
in a honey-comb, but the very perfect crystals are rarely that large, especially the rubies. 
Sometimes the cry.stals will be six sides at the base and taper towards the other end, or 
even run out to a point, making a six-sided pyramid, and occasionally two of these 
pyramids will be joined together, base to base. The sapphires are simply coruncium 


126 


DETERMINATION OF MINERALS. 


(used in polishing) and are next to diamonds in hardness. They will cut' anything 
except each other and diamond, but they will not stand smashing any better than uia- 
mond. They are found in veins carrying chlorilic minerals along with corundum and 
emery in serpentine and other dykes in the primary rocks, and are also washed out of 
clays, sands, etc., which have resulted from the destruction of the original veins, just as 
gold is founc*; and their great weight assists in their detection, 

' Rtiby, ox Spinel Ruby, gravity 3.5, contains 85 per cent, ammina, 8 of magnesia and 
‘7 of chromic acid, which last constituent gives it its red color, which is scarlet, or rose 
red, or orange red, or violet red. The crystal is octohedral, looking much like a coup'e 
of four, square pyramids fastened base to base, sindlar to diamond crystals. Spinel 
rubies are not so hard nor so valuable as the sapphire rubies, and are found in very 
much the same localities, but with an additional range up into the crystalline and other 
lower limestones. This ruby is as heavy as the diamond, but not as heavy as sap¬ 
phire. 

Chrysoberyl, gravity 3.8, contains 72 per cent, of alumina, 18 of glucina, 6 of silica, 
and 4 of iron and other things. Its crystal is generally a short six-sided prism, but 
occasionally is very complicated. Its color is green, with a yellowish or brownish 
tinge, and it has the gem-like reflection of light from the interior. It accompanies the 
sapphires and other aluminous gems, but is not ranked very high in value. 

Turquoise^ gravity 3.0, contains 45 per cent, of alumina, 30 of phosphoric acid, 4 of 
copper, 2 of iron, and 19 of w'ater. It is bluish green and somewhat waxy or dull 
lustre, passing into sky blue or apple-green. It is opaque, and the crystals are generally 
decomposed into kaolin on the outside and difficult to recognize. It is found with the 
other aluminous minerals. 

Tourmaline, gravity 3.0, is of many colors, and some variation in constitution, the 
red showing 44 per cent, of alumina, 40 of silica, 4 of boracic acid, 5 of manganese, 
and 7 of lithia and water. The red tourmaline called rubellite has ali the color and 
richness of the ruby, and is found much larger, affording gems of great beauty and 
value. Yellow tourmalines are often as fine and almost as valuable as the topaz. 
There are black and blue tourmalines which are also more or less valuable, and the 
long slender crystals of black tourmaline are much sought after for cabineLs. d'ourma- 
lines are crystallized in prisms of 3 or 6 or more sides, but the number of sides is 
always a multiple of 3. They are very brittle, and are found in the primary rocks and 
the lower limestones of the secondaries, also in, or around veins or dykes. 

Topaz, gravity 3,5, contains 57 per cent, of alumina, 34 of silica, 9 of fluoric acid. 
Its color is usually a wme yellow, but it runs into green, red, and blue shades. Its 
crystal is an eight-sided prism, and its color can be easily altered by the application of 
heat. Its place is in veins, dykes, etc., along with the other aluminous minerals, and 
its value is not of the first rank, the red crystals being the most prized, as they can be 
passed off as rubies. 

Emerald, gravity 2.7, contains 66 per cent, of silica, 17 of alumina, 15 of glucina, 
and 2 per cent, of chromic iron. It is of a rich green color, somewhat vitreous lustre, 
comes in six-sided prisms, and is found in the primary and secondary rocks, principally 
in magnesian limestones. Perfect emeralds are very scarce, beautiful and valuable. 
They are hard and brittle, and dull coated on the outside, and therefore difficult to 
recognize. 

Beryl, gravity 2.7, contains 66 per cent, silica, 17 of alumina, 15 of glucina, and 2 
of iron oxide, thus differing only in the matter of a little chrome from the emerald, but 
differing greatly from the chrysoberyl, which is decidedly aluminous, w'hile Beryl is 
just as decidedly silicious. Beryl comes in six-sided prisms, very much like emerald, 
and is found in the same rocks. They are greenish in color, and the very clear, pure 
sea-green crystals are called aqua-marines, and are very valuable. 

C'/rz/, gravity 2,1, contains 90 per cent, of silica and lo of water. This stone is 
simply a soft quartz, but its perfect specimens are in the same rank as diamonds and 
rubies for beauty and value. It is while, red, yellow, green, or gray in color, very 
compact and lustrous, and presents a somewhat milky appearance. It is remarkable for 
its power of reflecting all the colors of the rainbow from a single ray of light as the 
stone is turned over. When this play of colors is perfect, the stone is a “precious” 
opal, when only the red or yellow rays are reflected it is c.illed “ Fire” Op.il, and when 
it ceases to give off colored light it becomes common or semi-opal, and even becomes 
brown or black, in color. Opal is a quartz pebble, and is to be looked for anywhere 
that quartz is found, even up in the tertiaries or quartenaries. 


DETERMINATION OF MINERALS. 


127 

Amethyst, gravity 2.6, is quartz pure and simple. It is in six-sided crystals with a 
vitreous lustre. A six-sided prism with a six-sided pyramid on one end, the other end 
attached to a matrix of sandstone, is the most usual form. The color of the true ame¬ 
thyst is violet, but the red stone, properly called “rose quartz,” is often called red 
amethyst; the yellow quartz or false topaz also is erroneously called yellow amethvst. 

A lot of quartz crystals taken from one “digging” wdll often show amethyst, rose 
quartz, yellow quartz, smoky quartz and prase or green quartz, and they are all very 
beautiful stones, much valued. 

Carnelian, gravity 2.6, is also quartz, but it is in the chalcedonic*state, i. e. massive, 
translucent (not transparent), and somewhat waxy look about it. Carnelian is bright 
red, and of a rich clear texture and tint, and is much used by the jewellers. 

Chrysoprase is an apple green quartz of the chalcedonic variety. 

Agate is a variegated chalcedonic quartz, the colors being arrayed in concentric 
rings or distributed in cloudy-looking spots. Sometimes they are in zig-zag lines and 
again resemble a bunch of loose hair or moss floating in water. 

Onyx, gravity 2.6, is simply agate laid out flat instead of in circles. The layers of 
different colored quartz in the onyx are laid on each other like the leaves of a book, 
It is used principally in mosaic work, where by cutting away portions of the upper 
layer of one color, the next layer of an entirely different color is exposed. A new 
article of onyx, which is not onyx, has been introduced into American art under the 
name of the “ Mexican ” Onyx. It is a very beautiful stone, and the paper weights, 
vases, cabinet specimens, mantels and brackets from it are of rare beauty and very 
valuable ; but it is carbonate of lime, and, therefore, not onyx, which is silica. 

Garnet, gravity 4.0, contains 42 per cent, silica, 20 of alumina, 33 of iron, and 5 of 
manganese. Sometimes the manganese is increased at the expense of the other con¬ 
stituents, principally the silica and iron. The general shape of the crystal is spherical, 
but its surface is made up of great number of small facets. There are very many 
colors to this stone, but the precious garnet is a clear, deep red. and is quite valuable. 
Other varieties are the “Cinnamon” stone, of a light, yellowish brown color, or the 
Ouvarovite, which contains chrome and is of a rich emerald green color, ana there are 
also brown, yellow and black garnets. Garnet is very hard but also quite brittle, and 
the coarser varieties are crushed into sand and used as an abrasive. The garrets belong 
in the primary formations, and are genenerally found studding the slates and elsewhere 
in rather solid rock, but rarely in recent alluvial deposits. 

Lapis-Laznli, gravity 2.7, contains 45 per cent, silica, 32 of alumina, 9 of soda, 4 of 
lime and 10 of iron, sulphur, chlorine and water. It occurs in many-faced spherical 
crystals, and also in slabs, and its color is the richest of rich azure blue. Its powder is 
the celebrated paint known as “ Ultra-Marine,” and the stone itself is used for jewelry 
of all kinds and for mosaic and inlaid ornamental carvings. Fine slabs of this mineral 
are very valuable, and it is to be looked for in granite and other primary rocks, and in 
the lower limestones. 

Ilyacij7th, gravity 4.6, contains 33 per cent, of silica and 67 of zirconia. Its color 
is red, and it is beautilully clear and of adamantine lustre. It comes in square prisms, 
sometimes with the corners beveled off, and perfect specimens are very valuable. Hya¬ 
cinths are the purer varieties of the mineral Zircon, which is brown, grey, yellow or 
white, and is used for watch jewels. The zircons, including of course the hyacinths, 
are found only in the primary rocks. 

Precious Serpenthie, gravity 2.5, contains 42 per cent, silica, 44 of magnesia, 12 of 
water and 2 of iron, etc. The more beautiful portions of the rock serpentine are 
called “precious.” It is usually massive and compact in texture, and of an oily green 
color, dull resinous lustre, and soft enough to be cut with a knife. Its colors are very 
rich, and it is very highly prized as a material f ir vasi-s, mantels, brackets, and other 
ornamental work. It occurs in dykes thrown up through the primary rocks, and can 
be quarried out in blocks and slabs with care. 

Verd Antique is a marble limestone having serpentine disseminated through it in 
veins or cloud-like masses, and is one of the most valuable of ornamental stones. 

AJalachite is the green carbonate of copper. When found in large and jiure enough 
masses to be cut into vases, table-tops, etc., it is too valuable to waste in making copper. 
Its value depends largely on the color bands and radiations. 


128 


DETERMINATION OF MINERALS. 


PAINTS. 

( Natural paints are those minerals which, when finely powdered and mixed with oil, 
’ ill adiiere to any surface upon which they may be spread, and in time form a skin or 
1 lui hard and impermeable enough to protect the surface from ordinary weathering. 

Red Iron Paint is composed of oil mixed with the red powder of pulverized sesqui- 
oxide of iron, the ores for this purpose being the grey or red oxide, i. e., the specular 
ami red hematites described under the head of iron and its ores. The sesqui-oxide of 
iron contains 70 ppr cent, of iron and 30 of oxygen, and is the richest possible rea iron 
paint, for the reason that no iron oxide becomes red until it takes up 30 per cent, of 
oxygen, notwithstanding the efforts of certain paint makers who guarantee their red 
paint to contain 72 and even 90 per cent, metallic iron. The red paint made by com¬ 
plete pulverizing of the grey sesqui-oxide, or the red dyestone hematite ores, with very 
heavy machinery and conscientious care, is a first-class paint, and possesses merit 
enough of its own, without any 90 per cent, guarantee, or sailing under false colors. 

Yellow Iro 7 i Faint is the powder of pulverized hydrated sesqui-oxide of iron, com¬ 
monly called iimonite or brown hematite iron ore. When pure, this ore cannot con¬ 
tain more than 60 per cent, of iron, but by mixing with the anhydrous oxides, the 
color is darkened and the metallic percentage increased nearly up to that of the red or 
black oxide. 

Black Iron Paint is the powder of pulverized black oxide of iron, this being the 
magnetic ore, and contains, when pure, 72 per cent, of iron. This ore is a proto-sesqui- 
oxide, and i» the richest possible stable or fixed compound of iron and oxygen, the 
proto-oxide changing into this by taking up more oxygen on the first exposure to moist 
air. This black powder mixed with the red or yellow powders, gives a very wide 
range of colors, and all in first-class metallic oxides. 

Umber is of variable shades, but is produced by mixing the iron paints with 
powdered oxide of manganese, which gives a purplish gloss to the iron colors. 

Red Copper Paint is the pulverized red oxide of copper, and is rarely made for use 
out doors, as the ore is too valuable. 

Green Copper Paint is the pulverized green silicate of copper, and is a fancy color. 

Zinc White is the oxide of zinc, and is not found pure enough in nature, so that 
it has to be manufactured with great secresy, at large and costly establishments. 

White Lead is carbonate of lead, which also is made in large establishments, and 
under complicated processes, the native carbonate ores of lead not being pure enough. 

Red Lead is an oxide of lead, and has to be carefully manufactured by experts. 

Vermillion is pulverized cinnabar, the sulphide of mercury. 

Spar Paint is pulverized barytes. It makes a tolerable paint, very white in color, 
and is the best thing to mix with white lead or zinc paints, if you will have adultera¬ 
tions. 

Ce 77 ient Pai 7 tt is any kind of lime mixed with vegetable oil instead of water, as in 
the case of whitewash. There are some of the cements which make a most admirable 
paint when ground in oil. 

Slate Pai 7 it is simply selected scraps of fine grained slates pulverized and mixed or 
ground in oil. When used in very thick coats the slate paints become fire-proof, and 
mixed wi'.h India rubber, or sometimes asphaltic mineral, they make good rooting. 

Graphite Paint is pulverized pure black lead or graphite. This is very fine and 
glossy, and can be made into a fire-proof coating for roofs and other surfaces. 

Red Ochre is fine clay containing enough red iron ore to tint it. It can be made 
artificially by mixing red iron paint with clay, but the fine natural ochres are the most 
valuable, by reason of the immense amount of assortment and trituration which they 
have undergone, and which man has not yet successfully imitated, except by expensive 
chemical precipitation. It is possible that a mixture of iron paint and hydraulic ce¬ 
ment or lime might prove very valuable. 

Yellow Ochre is any mixture of clay with brown iron ore, and can be prepared arti¬ 
ficially, as with red ochre, but the natural mixture is the best. These ochres when 
mixed with manganese make the different shades of umber. The difference between 
the metallic paints and the ochraceous paints is merely that the metallic paints are the 
nure oxides, while the ochres have more or less clays mixed with them. All natural 
|aints should be carefully assorted into lumps of uniform color and texture before 
leing powdered, or the result will be variable. The yellow iron paints and ochres 
< 'iange to red by burning, i. e., the water of hydration is "burned out of the Iimonite 
iron ore, leaving it a red hematite. 


DETERMINATION OF MINERALS, 


129 


PROFESSOR J. D. DANA’S TABLE OF GEOLOGICAL FORMATIONS. 


SYSTEMS OR 
AGES. 


GROUPS OR PERIODS 


Age of man. 


o 2 

4; C5 
to a 

-=6 


to 

<« -- 


B 

I 

ci 

u 


0, 

U) 


a 

.rt 

'C 

lo 

V 


■j. ■\ 


20. Quaternary. 


19. Tertiary. 


18. Cretaceous. 

17. Jurassic.' 
16. Triassic. 


15. Permian. 

14. Carboniferous. 

13. Subcarboniferous, 


12. Catskill. 

II. Chemung. 

10. ILamilton. 

9. Corniferous. 


8. Oriskany. 

7. Lower Helderberg. 
6. Salina. 

5. Niagara. 


4. Trenton. 

3. Canadian. 

.1 ■ 

a. Primordial or Cambrian. 
X. Archaean. 


FORMATIONS OR EPOCHS. 


20. Quaternary. 


19 c. Pliocene. 
19 b. Miocene. 
19 a. Eocene. 


18 c. Upper Cretaceous. 
18 b. Middle Cretaceous. 
18 a. Lower Cretaceous. 

17. Jurassic. 

16. Triassic. 


15. Permian. 

14 c. Upper Coal Measures. 

14 b. Lower Coal Measures. 

14 a. Millstone Grit. 

13 b. Upper Subcarboniferous. 
13 a. Lower Subcarboniferous. 


12. Catskill. 

II b. Chemung. 

II a. Portage. 

10 c. Genesee. 

10 b, Hamilton. 

10 a. ^MarcellUs. 

9 c, Corniferous. 
9 b.' Schoharie. 

9 a. Cauda Galli. 


8. Oriskany. 

7. Lower Helderberg. 

s 

6. Salina. 

5 c. Niagara. 

5 b. Clinton. 

5 a. Medina. 


4 c. Cincinnati. 
4 b. Utica. 

4 a. Trenton. 

3 c. Chazy. 

3 b. Quebec. 

3 a. Calciferous. 

2 b. Potsdam. , 
a a. Acadian. 

X b. Huronian. 

I a. Laurentian. 



. 


0m 

n'.'v ' '"I; 




■ ■'w 


, (. (W i--’i 


■ ;-y , ■ - j. \ 








































130 


DETERMINATION OF MINERALS. 


PROFESSOR T. STERRY HUNT'S TABLE OF GEOLOGICAL FORMATIONS. 


AGES. 

^ GKOUPS. 

1 

AMERICAN FORMATIONS. 

Cenozoic. 

20. Quaternary’. 

20. Recent. 

■ 

19. Tertiary. 

19 c. Pliocene. 

19 b. Miocene. 

19 a. Eocene, 

Mesozoic. 

18. Cretaceous. 

17. Jurassic. 

16. Triassic. 

18. Cretaceous. 

17. New Red Sandstone. 

16. New Red Sandstone. 

Paleozoic. 

Carboniferous. 

15. Permo-Carboniferous. 

14. Coal Measures. 

13 b. Mississippi (Carb. Limestone), 

13 a. W(averley or Bonaventure. 


8-12. Erian or Devonian. 

.U ■ 

12, Catskill. 

II. Chemung and Portage. 

10. Hamilton (including Genesee and 
Marcellus). 

9. Corniferdus or Upper Helderberg. 

8. Oriskany, 


5-7. Silurian. 

■ • i-..j i 

7. Lower Helderberg. 

6. Onondaga or Salina. 

5 c. Niagara (including Guelph). 

5 b. Clinton. 

5 a. Medina. 

5 a. Oneida. 


4. Upper Cambrian, Siluro-Cambrian, 
Ordovician, or Ordovian. 

4 C. Loraine. 

4 b. Utica. 

4 a. Trenton. 


3. Middle Cambrian. 

3 c. Chazy. 

3 b. Levis (Tremadoc and Arenig). 

3 a. Calciferous. 

* 

2. Lower Cambrian. 

.i. V- 

.r 

* ‘ \ 

2 e. Potsdam. 

2 d. Sillery. 

2 c. Acadian (Menevian). 

2 b. Taconian. 

. 2 a. Keweenian. 

Eozoic. 

I. Primary or Crystalline. : ' “ ' 

• 

• ■j' . ‘ 

i e. Montalban. 

I d, Norian or Labrador.* 

I'c. Huronian. 

I b. Arvonian. ^ 

i a. Laurentian. 

* Professor Hunt says there are many reasons for believing that the Norian may be older than the 

Arvonian and Huronian. 


Notes. —In the following notes Professor Hunt's classification is sufficiently followed to show the 
nature of the older groups which he distinguishes ; . j - 

I a. Laurentian, Chiefly massive gneiss, reddish or grayish, sparingly micaceous, often hornblen- 
dic. Some crystalline limestone, magnetic iron, and other metallic ores. 

1 b. Arvonian. Chiefly petrosilex, often becoming quartziferous prophyry, with some quartzites 
and hornblendic rocks ; magnetic and specular'iron ores. 

I c. Norian. Chiefly a feldspathic rock (norite), which sometimes carries garnet, epidote, etc.; 
also, great beds of titaniferous iron ores. 

I d. Huronian. Chloritic schisms, greenstone (diorite or diabase), serpentine,,steatite, dolomite, 
copper, chrome, nickel, and iron ore. i 

1 e. Montalban. Fine-grained micaceous or hornblendic gneiss, chrysolite rock, serpentine, mica- 
schist, granite. 

2 a. Keiveenian. The copper-bearing series of Lake Superior, made up of sandstones and conglom- 
e ates, with much interstratified eruptive rock. 

2 b. Taconian. Granular quartzites, argillites and nacreous or hydro-micaceous schists, and great 
masses of crystalline limestone, marbles, magnetite, siderite, and pyrite changing to limonite. 





















DETERMINATION OF MINERALS. 


131 

2 c and 2 d. Acadian (and Sillery'). Fossiliferous sandstone and shale, 

2 e. Fotsdani. Sandstone, conglomet:ate. 

3 a. Calciferous. Sandy magnesian limestone, calcareous sandstone. 

3 b. Quebec. Sandstone, limestone conglomerate, black slate. 

3 c. Chazy. Limestone, chert. 

4 a. Trenton. Limestone, buff and blue; dolomite carrying lead-ore deposits; brown 
hematite beds. 

4 b. Utica. Dark carbonaceous slate; impure limestone. 1 

4 c. Hudson River. Slate, shale, clay, grit. 

5 a. Medina. Conglomerate; argillaceous sandstone. ' 

5 b. Clinton. Sandstone, shale, conglomerate, limestone, fossiliferous red hematite, 
or oolitic iron-ore bed. 

5 c. Niagara. Clay shale; limestone. '' 

6. Salina, Red shale, gypseous sh?ile, hydraulic lime, salt. 

7. Lower Helderberg. ' Limestone, shaly or compact, and fossiliferous. 

8. Oriskany. Sandstone. 

9. Corniferous or Upper H^derberg. Principally limestone. 

9 a. Cauda-galli. Fine-grained calcareous and argillaceous, drab or brownish sand¬ 
stone; peculiar fossils. . 

9 b. Schoharie Grit. Fine-grained calcareous grit, similar to 9 a, but with differ¬ 
ing fossils. 

9 c. Onondaga, and 9 d. Corniferous. Gray, blue, black limestone. At the top 
of 9 d occur the Marcellus iron ores (carbonate). 

10 a. Marcellus. Black or dark brown bituminous and pyritiferous shales. In 10 

a and 9 d occur the petroleum deposits of Canada. ' ' 

10 b. Hamilton. Slate, shale, sandstone, calcareous, and argillaceous. 

10 b. Tully. Impure dark limestone. 

10 c. Genesee. Black clay slate. 

11 a. Portage. Green and black sandy and slaty shales, sandstone, flagstone. 

11 b. Chemung. Thin-bedded greenish sandstones and flagstones, with intervening 
shales, and rarely beds of impure limestone. 

12. Cats kill. Red, gray sandstone, grindstone grit, greenish shale, conglomerate.) 

13 a. Lower Subcarboniferous. Sandstone, limestone, small local coal beds. 

13 b. Upper Subcarboniferous. Red shale, red and gray sandstone, blue limestone. 

14 a. Millstone Grit. White or yellow sandstone, and conglomerate of quart/, 
pebbles. 

14 b and 14 c. Coal Measures. Fire-clay, shale, sandstone, conglomerate, lime¬ 
stone, bituminous coal, anthracite, iron ore, salt. 

15. Permian. Limestone, sandstone, marl, shale. 

16. Triassic. Red sandstone, red shale, conglomerate, lignite, trap dikes, copper 
ore, coal. 

17. Jurassic. Marl, limestone, probably the gold-bearing slates of California. 

18. Cretaceous. Earthy beds of sand, marl, clay, limestone, chalk, lignite. 

19. Tertiary. Earthy sand, clay, marl, limestone, sandstone. 

20. Quaternary. Sand, pebbles, boulders, clay, diluvium, alluvium; gravel and 
placer tin and gold deposits. 

Note. —The primary and crystalline schistose rocks contain the larger number of 
mineral veins. The ancient magnesian limestones (probably Devonian) are charac¬ 
terized in many localities by deposits of argentiferous lead ore and of zinc ore. 




PROSPECTOR’S OUTFIT. 


No fine clothes, not even a white shirt, should be brought to the mountains. The 
prospector should have two ponies or two jacks, a pole pick, shovel, compass, frying-pan, 
tin plate, knife, fork, spoon, four double blankets, oil cloth, gum overcoat and leggings, 
and a small tent. 

PROF. CLAYTON’S ADVICE. 

1. Examine the gravel and boulders of the mountain streams, and note carefully the 
structure and character of the gravel wash. This will reveal the geological formations 
that are intersected by the stream. Try the sands at the head of the gravel bars for 
free gold, or for any crystalized minerals. If the structure of the quartz boulders or 
other vein stones is favorable, go up the stream until the geological zone is found that 
has produced the quartz or other metal-bearing minerals. Then follow the supposed 
metal-bearing zone on its line of strike, and make especially careful examinations wher¬ 
ever eruptive dykes are found intersecting the formation. 

2. When a lode or vein is found, note carefully its relation to the country rock, es¬ 
pecially any differences in the opposite walls of the vein. Then follow it on the line 
of outcrop, and note carefully those points where the best ores are seen, so as to de¬ 
termine the position of the best ore chutes before making any location on the lode. 

3. The first work should consist of shallow cuts across the lode at intervals of 50 to 
100 feet, or if the vein is small and partially covered by soil and debris, a trench along 
the line of outcrop is preferable. If the surface tracing is satisfactory, and the true line 
of strike has been determined, then survey your claim and stake off the boundaries ac¬ 
cording to the requirements of the United States laws. 

4. The work of exploring the vein under ground is the next thing in order. To do 
this intelligently you must select that point on the line of outcrop where the be.st ore 
is found, then sink a shaft on the lode following the angle of dip, keeping both foot 
wall and hanging wall exposed if possible. If the lode is too wide for this to be done, 
then follow the best ore streak of the vein itself, and at every fifty feet in depth make 
cross-cuts to the walls of the vein'. 

5. After 100 feet deep has been reached, run levels each way from the shaft on the 
line of the vein, in order to determine the extent or spread of the ore chute or chimney 
on the horizontal line. W^hen the limit of the ore body on the horizontal line has been 
ascertained, then sink 100 feet more, and drift right and left as before. If more than 
one chimney of ore is found on the line of the vein, a shaft should be sunk on it, and 
drifts run as above stated, being careful to confine all the exploring work within the 
walls of the vein itself. 

6. When enough has been done to prove the character, size and quality of the vein, 
it will then be time to determine the position, character and extent of the “ dead-work” 
necessary to work the mine to the deep. These questions should be settled by careful 
surveys made in the light of all the local facts and surroundings, such as the geological 
structure of the country rock, the probable amount of water to be raised, the lowest 
point of drainage by adit or level, and the most convenient point for delivery of the 
ores to the surface, etc. 

The last part of the preliminary exploration of any mine is to determine, by actual 
tests, what are the best methods of reduction, and the extent and kind of I’eduction 
works needed, etc. 

7. After all these preliminary facts have been thoroughly ascertained and clearly de¬ 
fined, the unavoidable risks of mining will have been fully met and overcome. All 
subsequent operations are simply matters of skill and business management, and the 
capitalizing of the mine becomes a mere matter of business detail. 

The requirements are as follows: 

1. The preliminary exploration must have ore enough cut and under-run, or other¬ 
wise exposed, to give at least two years’ work for reduction work of an extent sufficient 
for the annual average output of ore. 

2. The reduction works must be suited for the best treatment of the ore. 

3. The exploration of the mine must be pushed ahead of the extraction of ore, so as 
to expose at least one ton of ore in new ground for every ton extracted from the pre¬ 
viously explored ground. 

4. Before erecting reduction works, the ore exposed in the mine should be so thor¬ 
oughly tested as to guarantee a net profit sufficient to pay the whole cost of such work. 

5. The mine being well opened, and the reduction works or plant established, the 
general success of the enterprise must depend upon the efficiency of the general busi¬ 
ness management. 


(132) 



INDEX. : 


Actinolyte- ..97 

Additional Rules . ..35 

Adverse Ciaim . • . . . . . . ii, 33, 45 

Affidavits . ;.20 

Affidavit of Citizenship . . •.44 

Affidavit of Five- Hundred Dollars’ 

Iniprovement.•. . . . 43 

Agate ... . ■.•.127 

Agent.33 

Agreement of Publisher. . . . . . .42 

Alabandite.106 

Albite ..114 

Allanite . . .- ............ 106 

Allophane . .109 

Alluvium Silt ..96 

Aluminite . . *. . *. . ..108 

Aluminium-. . . ... .96 

Alunogen . ; ..107 

Amalgam . 104 

Amber ..125 

Amethyst . .127 

Amphibole. . ... 113, 114 

Amphibolyte ..97 

Amphigenyte .. 97 

Andalwsite.no 

Andesyte . ..97 

Anglesite ..104 

Anhydrite-. . . . . -.108 

Ankerite ... . - . ..108 

Annual Expenditure.24 

Anorthite. ..114 

Anthophyllite 113 

Antimonial Ores- .......... 103 

Antimonial Sulphides . . ; . . 103, 104 

Antimony . f . . . 102, 122 

Apatite . . . . - . . . . .113 

Apophylite . 112 

Application-for Patent . . . . . .8,39 

Application for ‘Patent for Placer 

Claims 33 

Aragonite 108 

Argentite . . -. . . . . . . 102, 103 

Argillyte 9 ^ 

Argillyte, Mica . . . . . .97 

Arizona, La-ws of . *. . •. . . . . .53 

Arsenates . . . 104 

Arsenic ^ . 102 

Arsenical Cobalt .*..121 

Arsenical Ores 103 

Arsenical Sulphides 104 

Arsenides 103 

Arsenolite .*. . 103 

Arsenopyrite. io 5 


Atacamite ..164 

Attorney, Power of.44 

Augite . M13 

Augite-Andesyte . ,, o •.97 

Axinite .• . . ... . . . 113 

Azurite . . ..104,119 

Barite . •. . •. •. . •..108 

Barytocalcite .• . ..108 

Beryl . . . . ■. . . . . . .110, 126 

Bieberite ...< w ..... . 105, 107 

Biotite, . . .. .Ill 

Bismuth . . . . . •. •.'. . 102 

Bismuthinite . . ..103, 106 

Black Iron Paint. ..128 

Boracite ..113 

Borax ................ 108 

Boron..99 

Braunite.. 105 

Brown Oxide..117 

Brucite ..no 

Buhrstone. ..•.97 

Calamine ..ni 

Cal cite. 108 

Calcium.96 

California,-Laws of.56 

Carbon ..96 

Carbonates . •..98 

Carbonate of Iron . . ..• . 118 

Carbonates of Lead ... . .99 

Carbonates of Silver ......... 99 

Carbonate of Zinc . ..123 

Carnelian . ..127 

Cassiterite . - . . . . . 104 

Celesite ..108 

Cement Paint ‘. . . . . . . .128 

Cerargyrite . . . . .■.103 

Certificate that no Suit is Pending . . 44 
Cerussite. . . •. . . . 104,123 

Chabazite . . . •. ..II2 

Chalcanthite ......... 104, 107 

Chalcocite .* ........... 119 

Chalcopyrite. .-... . .119 

Chalk . . •. •. . •. ... . .97 

Charges...... . . ■. . . . . . 19 

Chert .*. . . . . •. . . . •. •. . . .97 

Chlorides ..99 

Chlorine •. . . ■.•. •. . . .96 

Chlorites .•. . . . •. . . •. . . . . 112 

Chlorite-Argillyte . .. . .97 

Chlorite-Schist*. . ..'. . . 97 

Chrome . •. •..124 

Chromite.104, 107 

Chrondodite-..109 


(133) 


















































































































^34 


INDEX. . 


PAGE 

Chrysoberyl.Iio, 126 

Chrysocolla.104, IIO 

Chrysolite. 97 ) 109 

Chrysoprase. . 127 

Cinnabar.1035 104, 120 

Citizenship. 33 

Citizenship, Affidavit of.44 

Clay.96 

Coal. Lan.ds.................. . >. . 30 

Cobalt ..1-21 

Cobalt .Glance. ^ 121 

Cobaftite . . 105 

Cobalt .Pyiites. ^ ^ 121 

Colorado, Caws of ..60 

Color of Elame .... ..... ...... .99 

Columite.. .!r* * io 7 

Conglomerate................ . . .96 

Copiapite, ^ . 108 

Copper.. .............. . 99, 1.02, 119 

Copper. Cblpride .............. . .99 

Copper Nickel ........... 121 

Corsyte.............. . . i . . . .97 

Corundum . ^ ..110 

Crocoite ........ ., . . .. .. 104, 105 

Cross.Lodes ... ...... ... . . . .6 

Cryolite ..113 

Cuprite . .. 103, 119 

Cyanite 110 

Damourite........ . ... ... .111,112 

Danalite 111 

Datolite ..Ill 

Decomposing by Acids ....... 98 

Deed, F.orpn .of. ... . . . . . . .49 
Deputy 3 uj:veyQrs. ......... 19 

Diamond ................ . . 102, 124 

Diaspore, 110 

Dioptase ...... ..104 

Dio.ryte , . .. . .- . . . ''.97 

District Rules- ..3 

Ditrpyte... .... . .97 

Doleryte ......... ..... . . j. .. -97 

Dolomite.. . .. .......... I08 

Dolomyte ... ... .. 97 

Drainage.of Mines.. .. . ..67 

Easements . .1 . i .23 

Eclogyte ........ . ....... . . .97 

Elements, Chemical .. 95 

Emerald, . , , ^ . ..m...fl26 

Enstatite, no 

Epidosyte ............... . . . 97 

Epidqte.. ., ..... ..113 

Epsomite.. . . ... ..... . . , .107 

Erythrite ..... .......... . . . io 5 

Escrow Agreement ,,,,.,...51 
Euclase.......... ...... 112, 114 


Eucryte . . .................. . .97 

Eulysyte , , . . . ...... : .97 

Euphoti.de.. 97 

Exception of $tate§ .......... . .24 

Failure to Contribute, Affidavit of . .. 38 
Fees ................. . . , . .19 

Fees and Charges, Statement of . . .43 


Felsyte. 

Fergusonite. 

Fibrolite. 

Fiorite .r. 

Flame ... 

Fluorine.. 

Fluorite. 

Forms for Location, etc. . 
Foyayte .. . .. . . . .. . 

Franklinite . . . . . . . 

Fumes .1. ..... . . 

Fusiblity ... . . . • . . 

Galena . . . .. 

Galenite 

Garnet ... ..... . . 

Garnetyte ...... . . 

Gelatizing Silica . . ’. . . 
Gems . . ,. .. . . . . . 

Genthite ........ 

Geological Formations . . 
Gersdorffite . . .' .. . . 

Gibbsite . . . . . . . . 

Gmelinite . . .. . . . . 

Gneiss. 

Gold .■ .■..' :..' ; ; . 
Goslarite 

Gothite . ...' 

Granite . .. 

Granulyte. . . . . . . . 

Graphite . . .... . . 
Graphite Paint . . . . .’ 

Gravel . . . . . . . . . 

Gray Oxide. 

Green Copper Paint .... 

Green Sand ..... . . * . 

Greisen ... . . . ’. . . 
Grit\ ...... . 

Gypsum 

Halite . . . 

HaiTnotome.. 

Hauerite . . . . . . ., 

Hausmannite ...... 

Hauynite . . • . . . . 

Hearings . . . 

Hebronite.. . 

Helvite . . . . . .' .' 

Hematite . . . ,. . . 
Hematyte . . . . . . . L 

Heulandite . . . , *. . . 

Homestead'Claims'.. . 
Hornblende Schist ’. '. ’. ’. 
Horn Silver ' 

Hyacinth.’. , 

Hydrogen ........ 

Hydromagnesite . . . .’ 

Hydromica Schist 
Hydro zincite i ! ! . . . 

Hypersthene . . . ... 

Hypersthenyte . . . . 

Idaho,.Laws of . ’. ’. . ’. 

Ilvaite .' 

Improvements, Affidavit of 


PAGE 

.... 97 
. . . . 109 

. . . . IIO 

.... 97 
.... 99 
.... 96 

. . . . 113 

.... 37 
.... 97 

97, 105, 107 

.... 99 
.... 99 
. ... 123 
. ... 104 
. . ii 3 > 127 
.... 97 
. '. . . 98 
. ... 124 
. . . .110 
. . 129,130 
. . . . 106 
. . . . no 
. ... Ill 

.... 97 
. . 102, 114 
. ... 107 
. ... 107 
.... 97 
.... 97 
. . . . 102 
. . . . 128 
.... 96 

.117 

. . . . 128 
.... 96 

.... 97 
. . . .96 
. . . . 108 
. ... 107 
. . . . 112 
. ... 105 
. ... 105 
. . 108, 111 
.... 20 

. 113 

. ... 105 

. . 106, loq 

.... 97 
. . . . 112 
.... 23 
.... 97 

. . . . 117 

. ... 127 
.... 96 
. . . . 108 

. . . .97 

. . . . 108 
. . . .114 
.... 97 
.... 77 
. . . . 106 
.... 43 





















































































































INDEX. 


135 


• • . . . PAGE 

lolite ..114 

Iridosmine ............. 107 

Iron. ..... . . .... . . 102, 117 

Iron Paint . ....... . ... .118 

Isenite. 97 

Itabyryte .. 97 

Itacolurnyte . ..97 

Jasper Rock ......’. .97 

Jefl'erisite.,. . . . ..iii 

Jet . . . ..... '. '. 125 

Johannite ..107 

Kalinite . ..107 

KaoUnite,. ............ 109 

Kersaptyte . . 97 

Kinzigyte ............. 97 

I.abor, Proof of _. ^.37 

Labradioryte..97 

Labradorite . ..114 

Land Districts, Additional.24 

Lapis Lazuli . ..127 

Laumontite..ill 

Lazulite ..109 

Lead.. . . . .99, 123, 128 

Lead, Carbonates of.99 

Lease, Form of ..51 

I>egal Subdivisions.15 

Lepidolite . . . . . . . . . . in, 113 

Lepidomelane ... ..in 

Leucite ..no 

Leu city t.e ..97 

License to Explore, Occupy and Pur¬ 
chase I 

Lien ..16,38 

Lien in Dakota . . . ..75 

Lien in Idaho ..... ..77 

Lien in Wyoming . ..92 

Limburgyte ..97 

Lime 99 

Limestone... ..97 

Limitation, Statute of ... . 16 

Limonite. .107, 109 

Linnaeite . , , . ..105, 106 

Lithium.... . ..99 

Location of Vein Qaims.4 

Lode .Claims. ......... . . . ., . .1 

Magrtesite. ... ..108 

Magnesium. ..... .... . . . . .96 

Magnetic Pyrites ..121 

Magne.tite 106, 117 

Magnetyte.. 97 

Malachite .... . ... . .104,119,127 

Manganese. ..124 

Manganite ..105 

Marble .. 97 

Marcasite.106 

Margarpdite ... . ..in 

Mari .. 97 

Martite .. . .. 107 

Mascagnjte.. .... . ..107 

Massive Limestone ...... . . .97 

Menaccanite ..106 

Melaconite.119 


PAGE 

Melanterite! . . . . . ; . . . .107 

Mendozite . . ..’. 107 

Mennaccanyte'. ... . '. . . .97 

Mercury ’. '. 99, 102, 120 

Miascyte . . 97 

Mica-Argillyfe .* .. 97 

Mica-Schist 97 

Microcline 114 

Millerife 106 

Mill Sites ..17 

Mineral Defined , '..96 

Minette.97 

Minium-'.r. 104 

Mirabilite.107 

Molybdenite.106 

Monagite.no 

Morenosite ..'.107 

Montana, Laws of.81 

Muscovite .■■.■. ■. .. in 

Natrolite .. .. . .in 

Natron . '. . ..107 

Nephelinyte . . .'.• .97 

Nephelite.in 

Nevada, Laws of. ..83 

New Mexico, Laws of.84 

Niccolite ..106 

Nickel. 120 

Nickel Glance.121 

Nitre ... . . '.107 

Nitrocal'cite.107 

Nitrogen ..96 

Norjde’. . . . '..’ . . . 97 

Notice for Newspaper Publication , . 42 

Notice of Forfeiture.38 

Notice of Location.' . . . 37 

Notice of Water Right ....... 48 

Obsidian ‘. . '. . . '. ’. .. 97 

Ochre 128 

Odor of Fumes '. 99 

Oligoclase . . . '. . \ '.114 

Onyx 127 

Opal.. : : . ; : . . . . .•.110,126 
Pphiolyte 97 

Oregon, Laws of. . . . . .86 

Orpiment . . . . 1 1 . I 03 

Orthoclase* . . . .'. . .' 1 14 

Oxide of Chrome 124 

Oxide of Cobalt . . . ’..121 

Oxide of Zinc ....'. .123 

Oxygen . . . 95 

Paints*. 128 

Palladium 102 

Paragonite Schist . . .^. .. 97 

Parcelanyte. 97 

Patent, Application for. 39 

Patents Issued Prior to May 10, 1872 . 13 

Pearlsfone .*. 97 

Pectolite . . ..112 

Penniiiite '. *., . '. m 

Perjury, Penalty Therefor. 33 

Perofskite no 

Petalite' n 3 





























































































































136 


INDEX, 


PAGE 

rharmacolite.109 

iPharmacosiderite . 109 

Phillipsite. ....Ill 

Philogopite. Ill 

Phonolyte. . . .' . . . .97 

Phosphates.99, 104 

Phosphorus 96 

Picryte .97 

Pinite. 112 

Placer Claim, Proof as to Vein in . . .45 

Placer Claims . \ . . . . . . 13,33 

Placer Claims Containing Lodes ... 14 

Placer Locations.. .15 

Placer Mining Claims in Colorado . . 64 

Plat and Notice Remained Posted on 

Claim, Proof that.41 

Platinum .102, 120 

Posting Notice and Diagram on the 

Claim, Proof of.40 

Potash . . . . . *. ..99 

Potassium . . . ‘.'.96 

Power of Attorney.48 

Power of Attorney to Apply for Patent . 44 

Pre-emption ..32 

Pre-emption Claims. 23 

Prehnite ..112 

Prochlorite ... . . .'.ill 

Proof of O^m'ership in Case of Loss of 
Mining Records ........ 43 

Proofs of Possessory Rights . . . . .16 

Protogene .....’ .97 

Psilomelane.. 105 

Publication, Proof of.42 

Publication, Notice for.42 

Publisher, Agreement of.42 

Pumice. 97 

Pyrite ..106, 118 

Pyrolusite.105, 124 

Pyromorphite.104, 123 

Pyrophyllite. . .' 97,112 

Pyrosclerite . . . .*.111 

Pyroxene...131, 114 

Pyroxenyte.97 

Pyrrhotite.106 

Quartz. . ‘.no 

Quartzyte.97 

Realgar . . . i i .'.103 

Red Copper Paiht. I.128 

Red Iron Paint ’..128 

Red Lead i.128 

Red Ochre . . .' . . ..128 

.Red Oxide ....’..■......117 

Red Silver.. '..117 

Registers’ and Receivers’ Fees and Com¬ 
missions .31 

Register’s Certificate of Posting Notice 41 

Remingtonite.105 

Rhodochrosite 105 

rihodonite. .“...... 105 

Uight of Way Ibr "Water Ditch ... 49 

Ripidolite. ,..iii 

Rock, Defined. . , . . .96 


PAGE 

Rocks, Kinds of. 9 ^ 

Rubellite.• . . .no 

Ruby.• .• .126 

Rutile.107, no 

Salmiak.• . . . 103, 107 

Salt and Saline -Lands.29 

Samarskite.107, 109 

Sand. 9 ^ 

Sand Rock ..96 

Sandstone . •. •.96 

Sapphire . 125 

Sassolite ..>108 

Scapolites . 114 

Schellite . .............. 114 

Schist. .. 97 

School Sections .- .. 57 

Scolecite..m 

Scorodite . . . . ..109 

Selenides-. • . 103-104 

Serpentine . .. 97 » 112, 127 

Shale. 9 ^ 

Sherzolyte. . •. ■. 97 

Siderite 108 

Silicate of Copper-.119 

Silicate of ZinC'. •.122 

Siliceous Slate.97 

Silicon . . 96 

Silt . . . . . •.• . .96 

Silver . . . •.99, I02, 116 

Silver Amalgam .. 1 17 

Silver, Carbonates of.99 

Silver Glance.116 

Slate Paint ..128 

Slate, Silicious . *. 97 

Smaltite.-.105, 106 

Smithsonite.108 

Sodalite . ..m 

Soda Nitre.107 

Sodium ..96 

Spar Paint ..128 

Sparry Manganese.124 

Spessartite.105 

Sphalerite.. < . . 106, 109 

Spinel.no 

Spodamene.113 

Stalagmites . . . . •.97 

States Excepted .... -.24 • 

Staurolite.. 110 

Steatyte.97 

Stibnite ..;... .103 

Stilbite. 112 

Stone Lands . . . . . . ..26 

Stromeyerite ..103 

Strontianite.. .... 108 

Strontium .............. 99 

Suit, Certificate as to- Pending .... 44 

Suits at Law . . .- . . 32 

Sulphide of-Antimony . ..122 

Sulphide of Nickel ........ 121 

Sulphide of Zinc . . . -..122 

Sulphides . .•.103 

Sulphur.•.96, 102 






















































































































INDEX. 


137 


PACE 

Survey, Application for.39 

Surveys, How Adjusted.13 

Sutro, Adolph.24 

Syenyte. 97 

Syenyte Gneiss.97 

Sylvite ..107 

Tachylyte. 97 

Tahl unite.112 

Tailings .70 

Talc..111,112 

Tal cose-Schist.97 

Tantalite.107 

Taxation .7. ... 65 

Tellurides.103, 104 

Tellurium. 102 

Ten Acre Tracts.15 

Tephroite ..105 

Tetradyntite.. . . .103 

Thirty-eighth Congress.24 

Till.96 

Timber and Stone . . . . .^ . . . .26 

Timber Cutting^ ...'.• .25 

Tin. 121 

Tin Pyrites.'..122 

Tin Stone.122 

Titanite.113 

Title Bond . .-. 50 

Topaz.no, 126' 

Torbernite.109 

Tourmaline.113,126 

Town Lots Subject to Mineral Rights.. 32 

Trachyte 97 

Travertine. 97 

Triphylite . .t . ..... ...I13 

Triplite. 105 

Tripolyte.96 

r-y./:- ’ 


Trona.107 

Tufa.96 

Tunnel Claim.48 

Tunnel Rights.6 

Turgite.107, 109 

Turquoise . . .j.109, 126 

Ulexite.'... .112 

Umber . , . . i . . . . . . . .128 

Unakyte.. . y. . . 97 

Utah, Laws of. . < j. . ; . . . .89 

Valentinite . . . ..103 

Vein in a Placer Claim . . . . . .45 
Verd Antique . . . . >. . . . . 127 

Vermiculite. . . . . . . , . . in, ii2 

Vermilion . 128 

Vesuvianite.113 

Vivianite.109, 112 

Wad . y . . . ; . . . '. . .124 

Water Right, Notice of..48 

Water Rights . . .<.23, 70 

Wavellite . 109 

White Lead . . . . . . . .* . .128 

Willemite . . . . . . . . . . .in 

Witherile . . . .■ i.’. . . . . . 108 

Wolframite. . . . -. . . . . 106, idg 

Wollastonite.in 

Wyoming, Laws of» . . ... . ^ . .91 

Yellow Iron Paint. L '.r,. . .128 

Yellow Ochre . .’.. . •. 128 

Zaratite.. . . . . .108 

Zinc . ..99, 122 

Zincite. . 109 

Zinc White. . . . L . . . . . . .128 

Zircon.... .110 

Zircon-Syenyte. 97 

Zoisite. . . . *. . ... \ .114 


■<■) 




f.' 




.. . M 


■’I ' ” 


. .rrs 

L :: 

■’L 



n 0^ 

rt ' 

3- .'G ■’ ' ■:! ' i 3 ,T 

1 s. j 

^^>J ; 


\ * 


\ 

: S ij/ > 

r ' 

’ . s <; ViS 

:‘t J 

t r f 

:i J ; 






s ■ {' 


lipnv/o"'' 

•. , V, , .. , 

- ■ 


r 

• • 

f/'V ■ 

it; 

'S' ' 

ffrrfLV/sl 


OfT/'H-Cpn 1 IS. I 




V , 

V 


f - 






\ 


.a: 
















































































Is Your Title Defective? 

Do not rest secure until patent issues for your land. 
500,000 patents await delivery'. A Receiver’s receipt does not 
convey legal title. It is only good against no better title. Do 
not buy of private parties, land in the public land States and 
Territories, unless a patent can be shown. Errors frequently 
occur in making out entry papers. The land you think yours 
may be sold to some one else who will take your improve¬ 
ments or make you pay dearly. 


To avoid delay and bother in getting evidence, your entry 
papers should be. examined by a skillful person as soon as 
they reach the General Land Office. $5*00 will cover this 
examination! If your entry papers get into the defective files, 
it will probably be years before a patent can issue. 


Parties who believe they have an interest in any old land 
claim can have the matter investigated. 


Have.you a. Bounty Land Warrant, or a Soldier’s Home¬ 
stead Certificate, or any other land scrip or warrant you wish 
to sell? Do you wish.to buy wafraiits or scrip for a particu¬ 
lar purpose? A fair interest will be given any person who 
can learn of a specially good opportunity for locating scrip or 
warrants on townsite or other lands, or on mineral lands where 
the mining laws do not apply. 

Address 

HENRY N. COPP, 

Attorney and Gounsellor-at-Law, 
WASHINGTON, D. 0. 


Special attention given to Homestead Claims and Con¬ 
tests, Pre-emption and Timber Culture Claims and Contests, 
Townsite Contests, Railroad Contests, Private Land Claims, 
Swamp Land Contests, and matters generally before the 
Land Department. 

FEES MODERATE. 

The Washington Business of Settlers and Land Attorneys is 
respectfully solicited. 










-^KNOWLEDGE, IS POWER.Dis^ 


SUBStoKIBE FOR 

COPP’S LAND-OmER, 

. , A' Publication DeYOted Untirely to thb Intcrepts 

OF V 

Land and Mining Attorneys^ Land O'Wttcrs, Agents, 
Settlers and Claimants, Mine Owners, Super¬ 
intendents, and Prospectors.. 

It contains the importaht decisions*, instructions, and regulations of 
the General Land Office and Interior Department, the land decisions of 
the U. S. Supreme Court, the real estate decisions of the several Circuit 
and State Courts, and the United States Land Laws as passed, together 
with lists of Mineral, Cash, and Homestead Patents as issued, and other 
items of interest to its readers. ~ 


This matter cannot be found in any other paper in the country im 
of incalculable value to Attorneys, Miners, and Settlers,. 

.L:. 




Subscription P^ice.—^ 3.00 a year, in advance; six months, ^1.50; 
Sample copy mailed free. Address, 


HENRY N.COPP, 

WASHINGTON, D. C. 






Are You Interested in Mines? 


THEN YOU NEED 


Copp’s List of Patented Mines, 


(in preparation.) 


Which gives the names of 6000 mining claims, patented from July, 1866, to 
July, 1884, arranged by States, Territories, Counties and Districts. 

Do You Think of Investing in a Mine ? 

Examine this book to see if your Mine is patented. Capitalists will save 
themselves much annoyance and considerable money by refusing to buy 
unpatented mines. It is better to advance a few dollars to the owner, to 
allow him to secure title, than to be troubled by a lawsuit, more or less ex¬ 
pensive, after buying an unpatented claim. 


ARE YOU A SURVEYOR? 

This book will be of considerable service to you, as in addition to the 
lists, it contains full instructions how to restore lost and obliterated corners 
of the public surveys. 

PRICE, ONLY 50 CENTS. 


Address, HENItY N. COPE, Washington, 2>. C. 




35,000 


Send 10 cents in postage stamps and secure a pamphlet giving 25,000 
names of Soldiers, Widows and Children, to whom Military Bounty Land 
Warrants have been issued, which warrants are still outstanding and unlo¬ 
cated. 

If these Warrants can be found, they are worth from ^^50 to ;^2oo. If 
lost and their owners can prove loss, duplicate Warrants will be issued by 
the government, which duplicates are of equal value with the originals. 

A.R.E YOU ITSTTERESTEI)-? 

Was your father, uncle, grandfather, or other relative a soldier in the 
War of 1812, the War with Mexico, or in any Indian War prior to March 
1855? If so, you can afford to invest 10 cents on the possibility of find¬ 
ing his name in this long list of 25,000 persons. ^200 may be awaiting you 
as a result. Address, 

UE^NRY Pi, COPP, ^asttin^ton, O. C. 



















PRICE, 50 CEIVTS. 


MANUAL 

FOR THE USE OP 

PROSPECTORS 

ON THE 

MINERAL LANDS 

OF THE 

UNITED STATES. 


BY HENRY N. COPP. 


PUBLISHED BY THE EDITOR. 
WASHINGTON, D. C. 

i884. ^ 








JUST WHAT YOU NEED I 



COPP’S 




Is a Work needed by every Attorney, Miner, Prospector, Speculator, 
Agent, Recorder, Broker, and Business Man in the 
Mining States and Territories. 


PRICE $1.25 IN CLOTH. PRICE 50 CENTS IN PAPER. 


It is a complete handy reference book on all questions 
under the United States Mining Laws. 


EEAD ITS CONTENTS, 

AND SEND FOR A COPY. 

ALL im LHTERPRISlie HLIGiORS WILL HAVE IT. 


CONTENTS: 

1. The United States Mining Laws and Land Office Instructions Theieundeiv 

Each section of the law is immediately followed by the Land Office instructions relating 
thereto. This is a convenient arrangement, as it avoids tuiming several pages when the in¬ 
structions are consulted in connection with the law. 

2. A Dig'est of All Decisions under the Mining Laws now in force. It is brought down 
to date of publication, and, containing the latest decisions, takes the place of all prior publica¬ 
tions. 

3. New and Ini])rOTed Forms for making the various proof, from the location of a claim, 
miner’s lien, notice to delinquent co-owners, etc,, down to issuance of patent. 

4. Dr, Raymonil’s Glossary. The only complete Glossary of Mining Terms ever pub¬ 
lished. 

5. A Complete List of Patented Mining’ Claims, arranged by .State, Territory, County 
and District. This list is worth to mining men many times the price of the book. 

G. Local Laws, Embracing the State and Territorial Mining Laws never heretofore 
gathered in one book. 

This book contains 320 pages 8vo., and is designed to be a companion for every wide-awake 
man in the mining camps and financial centres of the West. 


Address, 



No. 113 Maryland Are. N. E., WASHINGTON, D. C. 














SOLID REASONS FOR BUYING THIS pOOK: 

It has the best indexes* It is the cheapest. It has no sur¬ 
plus verbiage. It contains Dr. Raymond’s Glossary. 

It ex^ains how to examine mining titles. It 
contains numerous court decisions. It 
^ gives the Public Land Commission’s j 

Codification. It gives many and 
Improved Forms. 

THE NEW SECOND EDITION OF 


COPFS UNITED STATES MINERAL LANDS, 

LaivSf Instructions^ mid Uecisions, 


IS NO W BEADY FOR DELIVERY. 


Two Editions:! 


Pull l£&>v binding:, extra paper, bSo pas:es, only $6. 
Half la^v bii^dinsr, medium paper, b8o padres, only $4. 


The list of names occupies 18 (not 3^) pages. The index 45 pages, double column^, or 
90 pages, single columns. Under Adverse Claim (aiid Claii^iant) are 95 references in the index; 
under Appl. for Patents are 94 references. Patent 92, Location 129, Survey 115, and under other 
captions the references are proportionally numerous. 

The Interior Department has purchased sixty copies, and each Land Office in the mining 
regions has been supplied. You are referred to the nearest Register and Receiver, and to the U. 
S. Surveyor-General. 


KJUOWPPOGP IS POWPH. 


Subscribe for COPP’S LAND OWNER, 

A semi-monthly publication devoted entirely to the interests of 

Land and Mining Attorneys, Land Owners, Agents, Settlers, and Claimants, Mine 
Owners, Superintendents, and Prospectors. ^ 

It contains the important decisions, instructions, and regulations of the General Land Office 
and Interior Department, the land decisions of the U. S. Supreme Court, the land and real estate 
decisions of the several Circuit and State Courts, and the United States Land Laws as passed, 
together with lists of Mineral, Cash, and Homestead Patents as issued, and other items of interest 
to its readers. This matter cannot be found in any other paper in the country, and is of incal¬ 
culable value to attorneys, miners, and settlers. 

SUBSCRIPTION PRICE: $3 a year, in advance; six months, $i.50. 

Sample copy mailed free. Address, 

HENRY N. COPP, Washington, D. C. 


S’MCE-I-IS'r. 


The following is the price-list of the 
several publications we have for sale re¬ 
lating to the public domain : 

Edited by Henry N. Copp. 

Copi)’s Public Land Laws—1882 

Edition.$8.00, $11.00 

Copp’s U. S. Mineral Lands. 4.00, G.OO 
Copp’s Mining Code . . . .50cts., 1.25 

Copp’s Settler’s Guide . . .25cts., .75 

Co])p’s Land Owner—Annual Sub¬ 
scription. 3.00 

Copp’s Land Owndr, Vols. 1—9, 

in one book.10.00 


Out of Print. 

(.Copp’s Public Land Laws. 1875 Edition. 
Copp’s U. S. Mining Decisions. 

Copp’s Hand-book of Mining Law. 

Index to Bound Volumes. 1 to 7. 

Public Land Commission's Report.. 


Part I.—Existing Laws, . ..$1.00 

Parts II and III.—Local Laws, . . . 5.00 
Part IV.—-History and Statistics, . • 2.50 
Decisions of the General Land Office, 

1881 to 1883 . 2.25 


Temporary Binder for the Land- 

Owner .. 2.00 


Send for circular giving full particulars. 

















Interesting’ to Mine Owners and 
Attorneys. 


Henry N. Copp, 

Attorney and Counsellor-at-Law, 

WASHINGTON, D. C. 


Special attention to Mineral Land Entries and 3Iining 
Contests before the General Land Office and 
the Lnterior Department. 


FEES MODEI^ATE- 


Suspended entries investigated. 

Old cases and contests called up and decisions procured. 

Patents obtained on all classes of Mineral Land Entries. 

Application papers, surveys, and entry proofs, examined 
and defects cured. 

Arguments prepared in contests between agricultural and 
mineral claimants; between placer and lode claimants; be¬ 
tween miners and town-lot owners; between miners and rail¬ 
road, private grant, and other opposing claimants. 


For five years Examiner of Mining Claims and Contests 
in the General Land Office, and Acting Chief of Division. 

Publisher of Copp’s U. S. Mining Decisions, (1874;) 
Copp’s Hand-Book of Mining Law, (1877,) (8 editions;) 
Copp’s U. S. Mineral Lands, (1881,) (second edition, 1882 ;) 
and Copp’s American Mining Code, (1881 ;) and several other 
works on Public Land Law. 

Proprietor and Editor of Copp’s Land-Owner, established 
in 1874. 


YOUR BUSINESS IS SOLICITED. 















kjt'■■•*^ •. ■ t* l"W. »•■■' 

* ?r * • • , * ' . ’ t. ^ , 


; V ^ f V ,v** 9 ‘ X 


f,r ■";>,* 

•;■■- ■. v.-%- • 

iTmW ™ I ' • • ‘ ^ 

- '- . V r W jiiXA.. , APnf t - 




.v» - 

4*‘- V * • 

* "K .♦ • 


• S? ■■■ 







/IS*; 


t' 


n... ■ . ■ .i i'.-/' 

'■'V-'-;'>y'.-.-'y'' ’ ‘. 

*■* ’ ' '>1/ .. V f* . 

- ...- •r?--;-* r ^'v'; ' 

!■ ' * ^ ^ 




^ ./W‘ •. r-' i*..' » • .' 1 

UKr ' ^i.v u ..,*,» 


; ' 'f., ' 

, J^AVy., vvii, * f 




VV v?- .. 

't. ^:'.ayiMniw^ v j»7,' ► 


■ . :' ' ■ •■'• 3 • 

..|T'■■,-?• ,' ' * ‘v'^' A' ' ^’.■''ir''' 

. .>T'^ -, • 


■W^ ' 










■ ' 


• ^ 

>;*■ -sursa 

SKlffv-'■' 


. * ► ' - ♦ 


r^.n 






i V..* 


y^r 


) • 




jyys] 

A J J 




■4 * 


- f 



a 


f *fc 




* 'j 


» « 



A 


' ,1 


i ^ 


U^K. 


•Ci 




n ,' . ■*.*, : . 

J*j' ^ - . * , f S^‘ 

:'ll.- ,''‘'- • 

?! 

a*' 



aN ‘. ' • r . ' • • 

' ' V yjiw gw * k 1 .t.^m 


.4 1 





1 J' 


- *4 


•v.. 




*> ' 




* 2 ^ 

./^fevsW^ ■ ~lv’4«.w^itt„ «xV3 

■' • . v-f. ■ '.'.•■■■ ' T:: ■ ,1 ■'.' 

, A**>’ '.►*■* , '-. ^ ^ H •■ ^ ^ * III llJ_ rtKFTil’* ■' 



f :,-V’fSjj^V ( 

■"■-> //*' * ■ 

■M'V* ■ 


X 


t '*‘i 


'.V. ■' ■•' ■ • ■ ^''i 

'l-''I-;■>•"■.•.•, •.‘•i 't ' 



' ' • 11 *^I1- 

.*•• - f ' " ' - » ' * ’ 4 

• .- - ' i . ■ . I 


A k*.- 



w. 







—■ ■. 

\'i' ^ :*y 



V. 



• - ^ ^ - 'Iri*'. ' * 'V.T ili 

. . r-ri^ 


J ' *" 





.•■ V?' 


• . 


S -- 


m 









/ 







A 

f 

’ : /V 

A 


- 

}.' 

J 

_ 


♦ • • 

1 







































































































































































































































































































































